Divorce mutually

If they both decided to divorce each other then they can file a mutual consent divorce case within their jurisdiction.

They can contact a local lawyer and proceed as suggested.

Dear Sir,

Thank you for suggestion.

In a mutual consent divorce, can she claim monthly maintenance from her husband? Please advise.

Maintenance is possible after mutual consent also.  But it depends upon the mutual settlement agreement.

In a mutual consent divorce, both the parties will decide about all such issues and if necessary they will even enter into a memorandum of understanding for the terms of settlement.

This MOU will be prior to filing the divorce on mutual consent.

Dear Sir,

Thank you for your suggestion.

Recently, the husband left the house along with his belongings, and now the wife is staying alone. She is finding it difficult to manage household expenses and repay the home loan, as the loan is in her name. She wants to proceed with the divorce immediately and seek appropriate maintenance for herself and the children. Please suggest the important legal points to discuss with the local advocate regarding obtaining an immediate divorce and the possible house maintenance (how much she may be entitled to).

Since both the sons are adult and not dependent on father or mother, you may mutually decide terms for divorce in mutual consent, however, wife is entitled for alimony for life-time  from husband for which she has to bargain hard.

If the husband abandoned her then she can file a maintenance case separately against him.

If he has left her or deserted her then the question of mutual consent divorce doesn't arise, in that case she can file a contested divorce case on the grounds of cruelty.

Dear Sirs,

Thank you for your replies and advises.

She wants an immediate divorce and needs her home maintenance charges, but her husband may not agree to pay them. If we file a contested divorce, can she get the divorce and maintenance immediately. Please advise on the further steps to obtain the maintenance charges. Since she does not know any advocates, we need to help her.

In a contested divorce under HMA, she can file an application seeking interim maintenance as an interim relief till the disposal of the main case for divorce. 

She has to gather the substantial documentary evidences to establish that he is earning a handsome income, but totally neglected her and the child, hence to sustain their expenses, the court may provide the interim relief as sought.  

Dear Sir,

Thank you so much for your suggestion, and sorry for asking so many queries, as she is alone in fighting for her house maintenance charges.

As per her version, her husband does not have any known income source and does not possess any assets. Until now, he has been coming home only for food and then going out again; she does not know where he goes or what he does. I agree that she has been unaware of her husband’s income sources and assets. Therefore, he is not willing to pay even a single paisa towards her maintenance.

She has not been able to pay the home loan for the last six months. Now, she has decided to sell the house (flat), move to a rented place, and live alone with the amount received from the sale. Her sons are also not supporting her now, are not interested in filing a case, and do not have the financial means to fight against her husband.

Please suggest what can be done in this situation.