can property be claimed if i go for a mutual divorce

na

hi

i am going for a mutual divorce what are the terms & conditions that i should put to make sure my ex-wife & son cannot claim my  property.

if i apply mutual divorce is there any way i can get the divorce passed earlier then 6 months from the date of filling?

what is the minimum waiting period before i can get remarried after divorce is granted?

 
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Advocate

Sir, even under mutual divorce, you will have to pay maintenance to your wife if she asks for. However, she cannot claim your property. You can lessen the amount of maintenance if she is working. But your son is your legal heir, and so, you cannot deny his rights over your proerty. Yes, you will get divorce earlier in case of mutual divorce than when applied seperately. You can marry soon after divorce in case of mutual consent. Or else, the waiting period is 90 days.


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Divorce Lawyer

I agree to Miss Suchitra.

 
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If in the mutual consent divorce petition, both agree specifically, that husband will not pay maintenance under any provisions of any law (S. 125 cr.p.c., S.18 Hindu Adoption & Maintenance Act, S.25 Hindu Marriage Act and DV Act or any further Act, which may come into effect in future), and if she agrees, then you need not to pay after the grant of divorce decree.  If you have ancestral property, the son has got a right according to Hindu Succession Act.  You can't stop him from that.   If it is self-acquired property by yourself and you draw a will barring him of any right, he won't be entitled.


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