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How to give alimony in mutual divorce after lapse of six months period
03-Aug-2023 (In Divorce Law)
I'm in dilemma on how to give settlement amount(permanent alimony) in mutual divorce in Family Court, Mathura. In my case six months waiting period is over and second date is coming. Can I give alimony on this date in front of Judge. Is divorce grated on this date or will there be any more date after this. What if wife is not coming after taking alimony on this date, will divorce granted. Details: 1. First presentation done 2. Reconciliation done, failed (after 3 months of first presentation) 3. Final date (after 6 months of first date) is coming-Can I give full amt on this date
What are the terms that have been settled in your case between you and your wife. There is no problem in Giving the total amount of permanent alimony in case the terms mentioned in your divorce are the same. Your wife has to be present in the court for the second motion for the mutual
divorce to be successful.
divorce to be successful.
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Adv. Nitin Chopra
Allahabad | 200+ Answers
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At second motion you can submit the Draft / Negotiable Instrument before the Hon'ble Court with the request to pass a decree of Divorce. If the next date is fixed for Order, you are safe. If, the Court directs the parties to appear before ‘Lok Adalat’ and fixed a date for the same, you can request the Court to retain the Draft / Negotiable Instrument till the presence of the parties before Lok Adalat.
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Adv. Anurag Garg
Ghaziabad | 25+ Answers
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I assume that before filing the MCD petition both parties did not enter a Memorandum of Understanding(MoU) that has an understanding between the parties on what terms they want to part ways, which may also include the alimony or final settlement amount and the time frame under which it shall be paid.
In your case the six months period is getting over and any chance of reconciliation has failed so its likely that the court would grant MCD and pass an order on the date of second motion, unless, either of tge party backs out from the mutual concent.
You can present the alimony amount to the spouse before the court at the time of second motion (after 6 months) when are order is passed so that the recieving of alimony is recorded in the order as full and final settlement amount and that no future claim from spouse would lie.
In your case the six months period is getting over and any chance of reconciliation has failed so its likely that the court would grant MCD and pass an order on the date of second motion, unless, either of tge party backs out from the mutual concent.
You can present the alimony amount to the spouse before the court at the time of second motion (after 6 months) when are order is passed so that the recieving of alimony is recorded in the order as full and final settlement amount and that no future claim from spouse would lie.
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