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How to safeguard myself and property in Divorce case
01-Sep-2023 (In Divorce Law)
I am in Delhi, Hindu. Planning divorce with mutual consent. But I doubt her lawyer's intentions. Silently, they might be preparing for legal battle and ask for alimony. She refused to sign the MoU for mutual consent. She wanted divorce, because of my low income. She is working and earn more than me. As she wanted divorce, can she still ask for alimony? How can I defend? In case, I have to pay the alimony, I can not pay much from own income. Can they put a claim on my father's property? Is there any way to safeguard this property beforehand, so that they cannot place a claim on that.
Sir you may seek advice of an able counsel to defend your case. anything possibly could be said after going through your file and studying the facts of your case. She being able to earn more than you cannot possibly claim anything but nothing concrete can be said right now Regards
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Section 24 of the Hindu Marriage Act 1955 reads as under:-
Maintenance pendente lite and expenses of proceedings. ?Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
Thus in the light of the above legal provisions it is not only the wife rather even the husband can claim maintenance from the wife if he succeeds to prove before the court that the wife is earning more than her husband.
Maintenance pendente lite and expenses of proceedings. ?Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
Thus in the light of the above legal provisions it is not only the wife rather even the husband can claim maintenance from the wife if he succeeds to prove before the court that the wife is earning more than her husband.
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Adv. Harish Chandra Yati
Noida | 100+ Answers
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Hi, Mutual divorce needs the mutual consent of both the parties. You can't pressurize other partner to sign any MoU or give consent. If you agree with the terms & condition of both the patties, then only the purpose of mutual divorce is succeed. Alimony is the right of a wife, she can also claim through court but if you are going for mutual divorce, all the terms & conditions including alimony amount if any, are mentioned as per your agreement. Now its completely up to you to accept it or not.
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Adv. Hitesh Jain
Delhi | 100+ Answers
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Hi,
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
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Adv. Ganesh Singh
Delhi | 500+ Answers
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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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