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Mutual divorce By Hindu act what to do


21-Apr-2023 (In Divorce Law)
Mou signed by both of us. Husband delayed 1st motion. Penalty charged by court. Still not received any money from him. Nw he has been arrested in bribery case by CBI for 90days.all his accounts are ceased. Can I get my alimony amount and divorce from him?
Answers (5)

Answer #1
878 votes
Yes divorce definitely but u can't say about alimony he can serve through cbi in jail or if he is bail then through its Advocate. This is only option u have right now. Mou has no legal. Section till it s

LawRato

Answer #2
528 votes
Hello,
For the query you posted, I would suggest the following:

His corruption charges and your divorce proceedings are independent of each other.
For the divorce I don't see any complications except for compliance of courts orders and for the alimony,it needs to be presented before the court of law well.

I hope that answers your query

Best
M.Faris
Answer #3
597 votes
Since you were filing a mutual consent divorce you cannot claim maintenance as a matter of right. If such terms have been put in the MOU and are part of the settlement then you cannot do anything but wait till second motion is finalized.
Answer #4
781 votes
Yes, you can get both the reliefs i.e. the alimony as well as the divorce. You will have to file the petition and get a production warrant issued by the concerned family court. For settlement award as well the production of your husband would be required.
Answer #5
596 votes
The mou which you have signed usually all the lawyers put a contempt clause in it which is used at the time of breach of the MOU by any party ... if he is not coming forward with the money and you have already signed the first motion without receiving the money you can file a contempt proceeding against him to recover the money .

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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