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Abhishek Sengupta (Employee)     14 April 2011

Mutual Divorce Queries



·         Respondent husband (myself) facing petition U/S 13 for divorce. Allegation are cruelty, desertion etc.

·         One 5 year old son in custody of mother unemployed presently (Qualification - MSc Economics).

·         Both parties needs divorce.

·         Parties are separated for 4.5+ years.

·         Case is under process for 2+ years.

·         Initiated discussions through lawyers for procuring a divorce through mutual consent. Wife demanding some amount for the settlement.

Seeking advice on the following points:

#1. If we are able to settle the matter through mutual consent, then what would happen to the present cases that are filed against me? 

#2. The amount being settled would be appearing in the agreement/petition that we would be submitting for seeking divorce through mutual consent?

#3. What should be the best and correct way to pay the settled amount?

#4. Are there any ways to ensure that a part of the settled amount gets deligently spent for my son's future?

#5. Is there any fixed way to determine the amount that the husband would need to pay? If yes, what is the method of calculating the same? 

#6. Generally what amount is charged by a lawyer to complete the settlement? In my case, my lawyer demands almost 33% of the amount that would be going to my wife and son combinedly. He claims that he has made the other party (my wife) to be agreeing for a mutual consent divorce. I understand the sensitivity, but would look forward for some comments on this.



 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 April 2011

by compromise both you can solve your problems.  If there is a chance of compromise then get it reffer the case to mediation centre there you can solve all the problems, not only present case but also other matters you both can sort out and according to that decree will be passed.  For your information there is no appeal against the decree.

1 Like

Uma parameswaran (lawyer)     14 April 2011

Permission can seek before Court to refer the case to mediation centre.

1 Like

Abhishek Sengupta (Employee)     15 April 2011

Sincere thanks for the response. 

I am not interested in compromising on the issue and neither my wife. The only way to get out of this is to procore a decree of divorce. As far my queries are concrened, I am still looking for response (one liners would be more than enough for me) to my queries listed in my first post. Can someone take out some time to response me.

Thanks in advance.


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