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Divorce by mutual consent, should wife settle for 13 lakhs alimony?
14-Dec-2023 (In Divorce Law)
Hi, Under section 13-B of hindu marraige act 1955.i got married on Aug 25 2013 and now i'm living separately from may 2017.First thing they have lied to me before marriage about his job and also flying to london after 3 months of marraige. Later also he has not tried to work towards getting any job. I have went through so much emotional trauma because of this.He even scolded me and beat me many times when i tried to intervene with his behavior towards me. Even after this, infront of elders, well wishers and friends everyone tried to settle down but it did not worked out well. Atlast, i have decided to go for divorce and finally agreed upon 13 lakhs payment.Now they are saying you will get money at the time of settlement in the court.should i accept this? if i go this way process will be different? what should be the best which way i should follow for early relieving from these kind of people.plz help me
Hi according to your query while filing the 13(i)b divorce can be filed by both the parties and permanent alimony amount and conditions should be laid down in the petition. you can ask them half of the amount on the filing day of the petition and remaining amount on the final day of hearing. for further query you can contact us.
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Adv. Bala Murali
Hyderabad | 200+ Answers
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Hello Madam, you can apply for mutual divorce U/sec. 13-B of the Hindu Marriage Act and you can mention Rs.13 lakhs payment. Mostly it will be given on the day of decree or else some amounts paid on the date of filing of the petition before the Court. It depends on the mutual agreement between the parties. Because some persons will not sign on the end of the day, so filing of petition for mutual consent will be wasted.
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Adv. Geeta Tirandasu
Hyderabad | 100+ Answers
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Hi
File a mutual consent divorce petition and as a part of mutual consent divorce proceeding you may incorporate the alimony clause in your agreement so as to ensure that the money is paid to you before the judge prior to judge granting you divorce.
File a mutual consent divorce petition and as a part of mutual consent divorce proceeding you may incorporate the alimony clause in your agreement so as to ensure that the money is paid to you before the judge prior to judge granting you divorce.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Hi,
As you are settling the issue and the point is that if they given you cheque for settlement on the date of hearing in front of the judge you can proceed for divorce as mutual divorce will take minimum 6 months and that is the best thing to save time and money. Call us through website for assistance
As you are settling the issue and the point is that if they given you cheque for settlement on the date of hearing in front of the judge you can proceed for divorce as mutual divorce will take minimum 6 months and that is the best thing to save time and money. Call us through website for assistance
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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Madam,
First of all, let your husband know that in MCD cases, no settlement is done by the family court. The terms and conditions pertaining to the alimony has to be decided out of court by both the parties. The court will not interfere. As your husband is saying that he will pay you entire 13 lakhs before the court, accept that if you think that the settlement is not being delayed. Prepare a Memorandum of Understanding ( MoU) with your husband laying down the condition of the alimony payment, i.e, you are ready for second motion only if he pays the entire 13 lakhs in front of the court and only after receipt of the cheque of 13 lakhs, you will accept the divorce. Your husband has to pay you before the court, else you have the liberty to withdraw from the MCD.
First of all, let your husband know that in MCD cases, no settlement is done by the family court. The terms and conditions pertaining to the alimony has to be decided out of court by both the parties. The court will not interfere. As your husband is saying that he will pay you entire 13 lakhs before the court, accept that if you think that the settlement is not being delayed. Prepare a Memorandum of Understanding ( MoU) with your husband laying down the condition of the alimony payment, i.e, you are ready for second motion only if he pays the entire 13 lakhs in front of the court and only after receipt of the cheque of 13 lakhs, you will accept the divorce. Your husband has to pay you before the court, else you have the liberty to withdraw from the MCD.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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