Alimony in mutual consent divorce. How to obtain
08-May-2023 (In Divorce Law)
Good day all, In case of a Mutual Consent Divorce, while both the parties i.e. husband & wife has agreed for an alimony of a specified one time amount to be paid to the wife by the husband, on a mutually agreed condition of evidential issue of the husband having "extra marital affairs"/ "adultery", will not be taken up to the court. Plz clarify following: 1. Whether, the alimony amount will be mentioned in the petition or in MOU (Memorandum of Understanding)..? 2. When to receive the alimony..? Could it be received at the time of petition, or only after cooling period of six months at the time of divorce before the judge..? 3. If the alimony is only to be received after six months of cooling period before the judge, and husband denies to pay the alimony, what are the legal options left with the wife..? Thank & Regards,
1. It will be mentioned in the mutual divorce petition.
2. Better before filing of mutual divorce or 50% before the day of filing and rest 50% before the final day of hearing.
3. No rules as such. Already stated.
Section 125 CRPC for claiming maintenance if husband acts smart.
2. Better before filing of mutual divorce or 50% before the day of filing and rest 50% before the final day of hearing.
3. No rules as such. Already stated.
Section 125 CRPC for claiming maintenance if husband acts smart.
The amount must be mentioned in both the petition and memorandum of understanding. The alimony money should be deposited at once when the final decree of divorce is obtained. If the said amount is not paid then she can file for maintenance.
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