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SREENIVASA REDDY S (TRP)     02 December 2013

Need help on mutual consent

Dear All,

We are applying the divorce by mutual consent.  We have no children. My qualification B. Com., I am doing business and her Qualification MBA not working.

My question/doubts.

1) Is she ask for any maintenance after getting divoce?

2) She is having 2 Acres (paddy) of Land on her name, on my name having only 1 acre (paddy) of land no other assets. Is she still ask for maintenance?

 

Thanks in Advance.

 

Regards,

Srinivas



Learning

 5 Replies

Ashimta Lekhi Malhotra (Independent Lawyer)     02 December 2013

Engage a lawyer and discuss these issues with him.

A.SUMATHY 9380902017 (LAWYER)     02 December 2013

Discuss both before applying mutual consent divorce and mention all terms including future maintenance in petition

U.S.SANJEEVA MURTHY (senior partner)     02 December 2013

It is in practice that while applying for divorce on mutual consent, the maintainance aspect also discussed mutually and the same incorporated in the ptition.   Pl. ensure  that clause has been incorporated.    If not have one more discussion with your partner and arrieve at just conclusion regarding maintenance.  The information now given by you leads that if your partner seek any maintenance you can advance your plea that your partner is economically sound since she get more yield from the land than I realise.     Go in for mediation upon making submission before the court..

T. Kalaiselvan, Advocate (Advocate)     02 December 2013

Mr. Srinivas Reddy,

Why what made you both to decide about breaking your marriage?, have you ever tried to resolve the issues by identifying the issues?,  well, if you both feel that you both cannot continue your married life anymore and the differences cannot be resolved at all, and decided to go ahead with your proposal to dissolve your marriage by decree of divorce, you should have atleast solved the issues of maintenance/alimony etc, or if she is not interested in any alimony the same may be incorporated in the petition itself.  Quantum of monthly maintenance can be decided on the basis of all the income but one time quit settlement amount will have to be decided by the parties themselves, be careful that you donot involve third party to decide this factor.

Adv. Chandrasekhar (Advocate)     02 December 2013

In the mutual consent, maintenance depends upon the volition of the parties concerned.  The party who is in hurry for 100 meter dash will have to pay and the party who saunters the walk gets away with lumpsum amount.  Just depends that who needs the divorce first has to pay if the other party demands for that.


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