Compensation for divorce
Ravindra Pande
(Querist) 19 March 2017
This query is : Resolved
A couple decides to divorce within one year of marriage due to incompatibility. Mutual gifts and jewelry have been exchanged. The consent terms are not yet filed.
The lady is a working and qualified professional C.A.
The boy is in family business with his father.
Query:
#1. Is the boy legally bound to compensate the girl financially? If yes, how?
#2. What are the legal rights of the girl to the family assets of the
#3. Can the boy demand any alimony from the girl?
rajeev sharma
(Expert) 20 March 2017
1. The issue will be diced on the facts of the case. Answer may not be given in absolute affirmative or negative.
2 She does not have a right in family assets of the husband
3.Absolute no
Nadeem Qureshi
(Expert) 20 March 2017
Dear Querist
My opinion on your queries are as under:
1. Is the boy legally bound to compensate the girl financially? If yes, how?
Opinion: In the Mutual Consent Divorce the matter should be settled amicably, then there is no question of legally boundation for finance, it should be fixed as per amicably settlement.
#2. What are the legal rights of the girl to the family assets of the
Opinion: Legally the girl has no right over the properties of the husband and in-laws, only right to residence can be claim by the wife if there is any domestic violence case pending before the court or if she wants to file.
#3. Can the boy demand any alimony from the girl?
Opinion: Not in the mutual consent divorce, but if the boy is unable to maintain himself and the wife is earning women and there is any divorce or RCR or Judicial Separation case is Pending then the boy may claim the pendelite maintenance from her U/s 24 of HMA, if both are Hindus.
and claim Alimony from her U/s 25 of Hindu Marriage Act-1955.
Feel Free to Call
Ravindra Pande
(Querist) 20 March 2017
What are the financial implications in case of divorce without mutual consent?
Dr J C Vashista
(Expert) 21 March 2017
The girl can claim permanent future alimony from her husband and not vice-versa, however, the boy can not ask his wife to pay any money irrespective of the fact that she is earning.
The girl (on MCD) cannot claim any immovable or movable property from her husband's estate, except her stridhan and alimony.
Mutual consent divorce can be granted on terms and conditions amicably settled between the parties.
