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Whether husband will be liable to pay maintenance under mutual divorce
23-Nov-2023 (In Divorce Law)
I have been a victim of domestic violence for past 6 years. My child is 3.5 years old now and I have decided to split. But my husband wants divorce with mutual understanding so that no offense could raise against him. He draws good salary but I am not earning sufficient to sustain my child all alone. I want to ask that whether it is divorce with mutual understanding or based on domestic violence, will he be made to pay for my child'd expenses by the court and if yes then how much. Also, I don't want my child to be in contact with him. Can my child stay with me forever under all circumstances? (Hindu)
see first you decide whether u want to go with the mutual consent or regular divorce petition? divorce through mutual consent is a one time settlement with no future liabilities. even if u don't get anything as maintenance after mutual divorce, your child has right to claim from his dad for maintenance.
if you go through the regular divorce procedure you can get interim maintenance during pendency of the matter.
plz contact me for other details.
if you go through the regular divorce procedure you can get interim maintenance during pendency of the matter.
plz contact me for other details.
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Adv. Priyanka Matlane
Pune | 25+ Answers
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it all depends on whether you are ready to fight for the justice and maintenance.
Obviously, your husband does not wants to pay maintenance and hence he is pressurising you for mutual divorce.
Please do not fall prey to his traps.
Take your own decision.
You and your child will get maintenance if you approach the Court.
Obviously, your husband does not wants to pay maintenance and hence he is pressurising you for mutual divorce.
Please do not fall prey to his traps.
Take your own decision.
You and your child will get maintenance if you approach the Court.
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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If he is ready to give you any amount per month or lump-sum amount to you and your child then you are free to divorce with mutual consent. If he is saying no to all then let him file the divorce then you are free to give your opinion in the court.
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Adv. Sarika Khude
Pune | 25+ Answers
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Hi
You can claim maintenance and custody through mutual consent divorce.
You both have decide the quantum of maintenance and terms of custody and access. These terms should be agreed by both the sides, otherwise you have to proceed with contesting petition.
You can claim maintenance and custody through mutual consent divorce.
You both have decide the quantum of maintenance and terms of custody and access. These terms should be agreed by both the sides, otherwise you have to proceed with contesting petition.
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Adv. Rohit Shaligram
Pune | 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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