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Indian chora   29 April 2022

Divorce on mutual consent

Hi,
I want to file a divorce petition on my own and wife's behalf in Kolkata ,can I do so?
also I have already prepared the petition and affidavit for both me and my wife ,what value of estamp should I attach? does the estamp should be of the state in which I am going to file the petition or it can be of any where in india?

Got married in raipur (chattisgarh)
my home Kolkata (me & my wife stayed together)
last stayed both in raipur (1yr due to covid)

Also want to know that as my wife is earning well (around 15k in hand) can she still ask for maintenance?or I can get it dismissed by pleading to the court?


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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 April 2022

For a divorce, where the marital relations have been terminated by an agreement, the wife would be entitled to claim maintenance from her ex-husband as long as she remains unmarried or is unable to maintain herself.

SHIRISH PAWAR, 7738990900 (Advocate)     29 April 2022

Hello,

Your wife is already working and drawing Rs. 15000 so this can be a ground for rejecting her claim of maintenance amount. The court fees for filing a divorce petition is minimum and it will not exceed Rs. 100. You can file a divorce petition in any of the jurisdictions of Kolkatta or Raipur. 

Divya Vijayan   29 April 2022

Hello sir!

Section 13B of the the Hindu Marriage Act of 1955, deals with divorce by mutual consent. You can file the divorce petition at the family court which has jurisdiction over your matrimonial home(where you last resided as married couple after your wedding) or at the family court at the place where the marriage had taken place

The court would ask to pay maintenance if the wife is unable to take care of herself. Ofcourse when a couple gets divorced by mutual consent, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between the couples themselves. In Rajat Gupta v. Rupali Gupta, the court says that the agreement between the parties to settle their issues and opt for divorce by mutual consent is a binding agreement and a form of undertaking. 


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