Sir/Madam
· Respondent husband (myself) facing petition U/S 13 for divorce. Allegation are cruelty, desertion etc.
· One 5 year old son in custody of mother unemployed presently (Qualification - MSc Economics).
· Both parties needs divorce.
· Parties are separated for 4.5+ years.
· Case is under process for 2+ years.
· Initiated discussions through lawyers for procuring a divorce through mutual consent. Wife demanding some amount for the settlement.
Seeking advice on the following points:
#1. If we are able to settle the matter through mutual consent, then what would happen to the present cases that are filed against me?
#2. The amount being settled would be appearing in the agreement/petition that we would be submitting for seeking divorce through mutual consent?
#3. What should be the best and correct way to pay the settled amount?
#4. Are there any ways to ensure that a part of the settled amount gets deligently spent for my son's future?
#5. Is there any fixed way to determine the amount that the husband would need to pay? If yes, what is the method of calculating the same?
#6. Generally what amount is charged by a lawyer to complete the settlement? In my case, my lawyer demands almost 33% of the amount that would be going to my wife and son combinedly. He claims that he has made the other party (my wife) to be agreeing for a mutual consent divorce. I understand the sensitivity, but would look forward for some comments on this.
Regards.
