quesFiling for mutual divorce. What are my rights?

I am filing for mutual divorce. I have been married for 14 years. My monthly income is 32 thousand and whereas my husbands monthly take home is around 5 lacs per month. I want to know my rights if we are going for separation?

  • ansIf you intend to take divorce by mutual consent then the parties have to mutually decide the terms of divorce.

    In the mutual terms, you can take alimony from your husband and ask your husband to return your stridhan i.e gifts given by your parents or relatives during marriage.

    You are eligible for your children if they want to be with you for their maintenance as well.

  • ansIf you are filing a Mutual Consent, then your rights are whatever you and your husband decide mutually in the Petition. But having said that you should try for a lump sum settlement if your husband is agreeable.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansThank you for your query
    Divorce by way of mutual consent is a speedier way of separation where the parties involved agree to certain terms and the husband gives the wife the Amount so demanded
    Now what the terms are that have to be jotted down in a memorandum of understanding and the same shall be filed before the court
    You are eligible for as much maintenance as much your husband agrees to as per his status
    You are eligible for your children if they want to be with you for their maintenance as well
    The best way to ensure that you get what your husband agrees to is to take the settled amount or other things in 2 parts
    1 part at time of first motion
    2 part at time of second motion

    Advocate Amitesh Singh Bakshi

      Delhi High Court, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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