confusedxxx (NA) 01 December 2013

Mutual consent with caveats!

I am married and I have a daughter of 5 years. I have filed a divorce case against my wife, my wife also has claimed for maintenance under the domestic act for which I have appealed in higher court as the maintenance claimed is out of my reach.

Now my wife is ready for settleing the divorce case in the court but with the following caveats which she is ready

1. DIVORCE would not be granted.
2. I have to close all cases against her and she would do the same.
3. I would have to pay the maintenance to her every month for lifetime.

Most of my well wishers are telling me to go for this settlement as I would get a relief from appearnces in the court. But I am confused and need your views on the same as to what kind of liabilities my wife could have in my lefetime as without divorce she would remain to be my wife on paper.

Please help with your views.
Thank you in advance

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3 Replies

Pooja Hegde R. (Advocate) 02 December 2013

The arrangement she is offering is common these days and taken for the future of the child or children. Parents stay separate without divorce and the man maintains the woman and child or children. Legally, yes, she would be your wife but then to divorce her or not is completely your choice and only you can decide this. The good point is that all other cases will be dropped and this is important because a child is involved here and that child should not be affected adversely.

Shantanu Wavhal (Worker) 02 December 2013

1) sec. 10 may help

2) u file divorce and try to get it.

3) forget everything. let her get maint. through court - let her run.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 02 December 2013

Child welfare and protection work is commonly focused on the "best interests of children." One of the ways to determine best interest is to ascertain who can keep the child safe.