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Socialist12 (Retired)     01 April 2013

Consented mutual divorce

Wife employed lucratively. one female child out of the marriage aged about 2 years. Wife refused to join with the husband now more than than 3 years. Husband was in abroad. Wife did not want to leave the job. Now husband resigned his job and came over to india and trying for a job. both husband and wife are in the same city now. Wife sent a legal notice that she is ready to live with husband provided the husband engages a seperate house for them with the condition that husbands parents, relatives should not come to their house but her parents and relatives will come. Husband agreed for the condition even though he has to forego his Octogenarian parents ailing from heart disease, kidney failure, Bp and Prostate. Now the wife says she will not leave her parents and demand the husband to come and live with her in her own house where her parents are also there.

Husband filed RCR. Wife refuses to join husband in a separate house but insists husband shoild live with her in her house. Husband does not want to live in wife's place.

Suppose the wife goes for Consented Mutual Divorce what claims she can make?  As already told the wife earns 20 to 30 lacs per annum. Husband is unemployed. No savings. Apartment is on loan from a bank. No other assets. Whatever he earned while at abroad has been spent for his maintenance, parents maintenance and medial expenses, EMIs for bank loan and sundry expenses. Wife has her own house in her name.

Understand she cannot claim maintenance. What about the female child ( 2 yeras old ).  Will she demand lump sum for the child till her marriage. But as said earlier No savings to pay for this.

Any guess to manage this tricky  situation.









 6 Replies

Ranee....... (NA)     01 April 2013

your whole post is full of lies..separation 3 years and child of 2 yeaRs?

Ranee....... (NA)     01 April 2013

your whole post is full of lies..separation 3 years and child of 2 yeaRs?

Socialist12 (Retired)     01 April 2013

Married in November 2008. Wife left the matrimonial home in November 2009. Child born in August 2010.

Husband  left for job abroad in March 2010. Since then wife did not join the husband. They were corresponding only through mails. From November 2009 to this date they have not lived together

Socialist12 (Retired)     02 April 2013

Have not received any convincing reply. Question is lump sum maintenance to the girl child alternatively monthly maintenance to the child keeping in mind that the husband is unemployed. However trying to get a decent job.

Anybody to clarify my doubts.




Socialist12 (Retired)     03 April 2013

Asked for clarification in MCD process whether an unemployed husband will be required to pay lump sum towards his female child or monthly maintenance. Paying lump sum is ruled out since there is no savings or employment. Little confused.

welcome any answer that will give relief.




Goutam Prasad (Advocate)     03 April 2013

In case of mutual consent divorce role of court is just like a rubber stamp. It only officially declare what you have already settled.

Hence there is no specific law on the issue. Law points are discussed in court in case of contested divorce.

For mutual consent divorce, the same is bargain and  you have to settle issue through bargain only. Whatever position suits you, the same may be agreed and you both may file joint petition for mutual consent divorce.


Goutam Prasad


Supreme Court of India


Mob: 9810753838

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