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CP (Engineer)     02 December 2013

Alimony in mutual consent divorce

Hello all,


Some very basic questions on a mutual consent divorce. Please help with the same.

Background: Myself (male) got married to my wife in November, 2011. After marriage I discovered that I had problems related to impotency. Apart from that problem, we were an extremely happy couple, even seen by our families as well, although we hid this problem from everyone. I also did a mistake of not taking medical help for my problem. Suddenly this July, my wife told she wants to separate because of my impotency problem. While I tried my best to convince her by taking medical help etc. she did not agree. Key points to be noted here:

1. There was no demand for dowry

2. There was no physical violence or abuse of any kind from either side

3. She works and earns around 25 K per month while I earn around 60 K per month. Both are private jobs in reputed companies

4. Never even once, i asked or initiated the separation. After a lot of attempts I agreed to separate because she wanted to

5. Both families do not want to go to court and want to settle out of court (She has a younger sister)

6. We do not have kids or any property on our names

Present status: With the help of a lawyer, we framed a draft agreement keeping in mind the above things, and did an equal division of existing assets to both parties. We want to submit it in court this month, post which we will be absolved of mutual responsibilities, while divorce / annulment will be granted at a later date of 6 months. She and her family are ok with all the points except the point of alimony.

Questions:

1. Since we both want to settle out of court, we have drafted as a mutual consent agreement, which, to my knowledge means that we are equally dividing all combined assets. In this scenario, if they want alimony (monthly or one time), is it legal to ask? If yes, what if we change the drafting to indicate she asked for divorce and not I? Will alimony still apply?

2. Considering our monthly salaries, and we both work in private organizations, and both of our families have the same economic status, what is the maximum alimony I should agree for in this case? She already has all the wedding jewellery from our side and her side, plus around 3 lakhs of cash of mine. Apart from this the only major asset was a Hyundai i10 car purchased in Feb 2013 (4.6 Lakhs price, out of which 2.6 Lakhs is on loan) which I am keeping. We both stay in rented house. Other major assets include a Honda Activa scooter purchased by me in 2011 and furniture, which I have already agreed to give it to her.

3. Lets say I agree to give a one time payment of X Lakhs, should I include this amount in the agreement? They were leaning towards not having it written in the agreement. While I totally understand it is important to have this transaction legalized, what if they refuse to sign if this transaction is included?

4. Let's say, we both sign this agreement and submit in court, and after 6 months she comes and apologizes and tells she does not want to separate, can she then show that I am leaving her and demand alimony?



 4 Replies

NiceManMyself (self)     02 December 2013

1. It is upto both spouces to agree on properties, alimony in MCD... make sure that you write down all terms in MCD document

2. This is based on mutual discussion. One time payment may be easy to deal with.

3. Yes, please include the payment part of agreement.

4. MCD is for mutual... after 6 months, if she doesn't want to separate, then you get to live with her...

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 December 2013

Dear Querist

In MCD if there is any MOU executed between the parties then the MOU will be bound upon the parties, apart from this MOU the parties can not demand any thing from each others.

Feel Free To Call

laxmi kant joshi (instructor)     02 December 2013

Write every agreed point in your mou and file jointly a mcd in your areas family court , you both are bound to go with your mou, nothing can be add later.

CP (Engineer)     06 December 2013

Moving forward, my wife has demanded a one time payment of 20 Lakh rupees from me. Obviously even with my current income I cannot pay this much money.


1. Do we now negotiate, as per MCD, and then jointly come to an agreement?

2. What if we say during the negotiations that we cannot pay this much amount? Will then the only option be to go to court?

3. While deciding the amount of alimony, will the court consider only my economic status, or will it also consider the economic status of my family?


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