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Can a spouse demand whatever amount in mutual divorce?
14-Feb-2025 (In Divorce Law)
If husband is earning 8LPA and wife is demanding 25LPA to settle in mutual divorce is this is a fair ask from wife. Because husband not holding any assest or he doesn't have anything apart from salary. What are the provision to husband?
Dear Sir,
The Court will decide the quantum of alimony if you go for contesting divorce. Seeing your urgency she is claiming such a big amount. Your case may be disposed as per the following provision of law.
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DIVORCE CASE TO BE DISPOSED WITHIN 6 MONTHS – SPECIAL PROVISION
Section 21B in The Hindu Marriage Act, 1955
21B Special provision relating to trial and disposal of petitions under the Act.
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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As per the section 25 of Hindu marriage act it is not only the wife who can ask for permanent alimony but even the husband can ask if the wife is earning more and having more assets, in this case as the you have not stated any thing about how much wife is earning or how much assets she holds, further as per the supreme court judgement in Rajneesh v neha each party has to submit an affidavit of assets and liabilities as per the format given in the said rajneesh v neha case after which court will pass orders.
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Adv. Bharat Narasgouda
Belgaum | 25+ Answers
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Hi Sir,
it is mutual consent or agreement
The wife cannot be demanded 25 lakhs as husband is having the same responsibility of his parents and his burden
you may be conducted with me
there is no provision to the husband
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Adv. Nagarajan N
Bangalore / Bengaluru | 25+ Answers
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