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Seeking Divorce (IT)     29 August 2013

Mutual consent or divorce case

Due to wife's mental cruelty we are separated. Wife filed maintenance case. She is not ready to live with me. She took my child (1yr old) also. She need money only either through maintenance or mutual consent. For mutual consent she is asking a huge amount. She is not working right now. How I can fight back maintenance case.

Shall I go with mutual consent or shall i file divorce in mental cruelty.  If I file divorce under cruelty grounds, how long it will take to get divorce from her.


 1 Replies

Manish Kumar Gupta (Deputy Legal Manager)     29 August 2013

Dear Sir,

Being in present secnerio, its far better to take divorce by mutual consent, and giving permanent/lumpsump alimony.

Otherwise the person filing divorce (basically man) has to suffer in all means, he has to pay maintenance during all the time of litigation, and thereafter also. Even if that is not sure that he can get divorce from his wife, she can file appeal further.

We can't assume time, it is all discretion of the court, it may take more than 5-6 year or more too..


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