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498A_Victim (service)     12 April 2013

Mutual consent divorce

Hi All,

I have been framed in 498a, 323, DP 3/4 act, currently file is in mediation centre where last week my wife has come and stated for mutual Consent Divorce (MCD). councellor has advised to go for MCD after settlement (MONEY) between parties.

Please guide me on following:

1. What conditions I should ask in agreement so that I will not face charges as mentioned avobe?

2. If I agree to pay money in mediation process, can she ask money again in MCD through court as ailemony/ Maintenance?

3. Should I go for permanent ailemoy or monthly maintenance as she is 27 right now and surely will get married soon?

4. She has troubledmy family a lot, what are the ways I can trouble her & her family after filing MCD?

5. as she has asked for MCD and I have desired to bring her back to me in front of court, what benefit I may get on this in terms of Maintenance/ ailemony?

6. I m working in Bangalore monthly income about 50k, she is in Ludhiana earning almost 20k, How much maintenance/ ailemony may be required to pay. We have no kids as of now?

7. What are the conditions that I can save money from her as it is my hard earned money, which I dont want to waste on her greed?


Please Guide me on above points......

Bhavesh Kumar



 5 Replies

Alok Tholiya (self employed)     13 April 2013

Very interesting. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 April 2013

Without conditions only MCD will work out. Once you settle money at mediation centre, again nothing will be raise at MCD hearings. After MCD either of the parties cannot put any cases each other. Just they will become friends. MCD means both the parties must agree for divorce. then only MCD apply. When she is working and gain money, then no maintenance to be paid by the husband.But you have to prove in the family court that she is working in so and so place and her income.

ajay sethi (lawyer)     13 April 2013

mutual consent divorce is the best option . agree to pay settlement amount only at time of passing of order for divorce . if you pay all the money now she may back out and not turn at the seconfd motion stage . you will lose your money and no divorce . if your wife is working and earning Rs 20,000 a month she wont get order of maintnance

once you have obtained MCD move on in life . dont think about taking venganance for problems your wife has caused .

1 Like

498A_Victim (service)     13 April 2013

Ramacherry Sir,


She is working in ludhiana, however I dont have any proof of her income.

What are the legal ways to prove that she is working and earning money....??

kanwarjeetsingh (Adv)     17 April 2013

I agree with Ajay sethi, Why you are paying money at mediation centre, have the services of local lawyer.

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