Filing 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?
If 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.
If 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 BobdeSupreme Court of India, Delhi
Thank 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 BakshiDelhi High Court, Delhi
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