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How to apply for mutual consent divorce and maintenance


24-Feb-2023 (In Divorce Law)
Hi After 8 yr marriage husban can not life together he said he has not feelings so he cannot stay together ...he recently change job in bangalore he not givem adrees in banglore .my inlaws are also suport him they canot give me adress ...but my husband give me money and daughters essential goods ...but did not say anything ...not interested to me no call me not received a call .now we stay in parents house .my question is if i am go any legal step then during this period if he stop the money .i am not working woman ..i have 1 yr daughter .i have no idea officename resent banglaroe adress .his salary slip .kindly give me the suggestion what to do ?if go to mutual what amount husband give for maintance ,. If any case after divorce husband death what abount monthly maintanance ? What to do pls suggest go to mutual divorce or case for maintanance ?
Answers (6)

Answer #1
904 votes
i will suggest you that you can take divorce on mutual consent and before that make necessary arrangement of yourself and your children which your husband will pay as one time alimony and if you want you can request your husband to give his assets in your child's name for your child's security for life. Need thorough discussion in this regard.
Answer #2
742 votes
Firstly your query is half understood need entire details properly to guide you and get you a better solution.you can seek for maintenance as well as file divorce but before that a discussion is necessary before taking a leap for litigation.
Answer #3
916 votes
If you and your husband both are mutually agreed to divorce each other then it is very simple to divorce by mutual consent under Sec. 13 (B) of Hindu Marriage Act.
you can file a maintenance petition before or after divorce before any competent court.
Answer #4
614 votes
Gone through your problem and query. You can file mutual divorce application under Section 13B of Hindu Marriage Act,1955 before the district Judge of your locality where you last resided together with your husband or where your marriage was solemnized or where you presently reside .
In mutual divorce application both of you can mutually opt for permanent alimony considering your future and your daughter's future.In the said application your husband will agree to pay lump sum amount as permanent alimony for you and your daughter.
Since you do not know the address of your husband and where he works in that case it is difficult for you to file Divorce application under section 13 of Hindu Marriage act,1955 in the District Court. Therefore , it would be better and convenient to go for mutual divorce.
Answer #5
513 votes
Madam, First thing is that, if you did not know the address of the present address of your husband. then how the Ld. Court can serve upon him Court's Summons. It is vital question in your case. Secondly, you did not know about his present income. In your Case, mutual understanding for close this Relation by way of Mutual divorce is better. in such a situation you definitely ask for permanent alimony for your self and for your Daughter. The amount will be settled by the parties. Court will not interfare in this regard.
Maintenance Case is file against the husband by the wife. Therefore, if husband died. then from whom the wife can claim maintenance ? I think you have understand the answer of you last portion of question.
Answer #6
541 votes
Dear client,

You may file a petition for mutual divorce and claim maintenance for your daughter and yourself from your husband. Appoint a lawyer who will file it on your behalf. You may ask for a share in the property which may go to your daughter. These things should be discussed in details. Please feel free to contact for detailed advice.

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.

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