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File Maintenance case or send notice
09-Jun-2026 (In Divorce Law)
I m separated since 5 yrs & together 7 yrs. No child. Unemployed. I want to send advocate notice to husband, not thru court to proceed mutual divorce n 1-time settlement as no maintenance provided and husband borrowed money from me. I don't hv house. A lawyer suggested file maintenance, then go for mediation. Can this take longer time more than 6 months? What is better, shud i file maintenance case n then do mutual Or give notice from lawyer first to reach settlement with mutual? Pls advice.
You can file maintenance case if you are unemployed. Yes it might take a longer time for dv and maintenance cases. if you have some what confidence that your husband would get ready for mutual divorce, then it is better to send legal notice through advocate.
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Adv. Shivani Jitendra
Pune | 25+ Answers
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As par your query it depend upon financial position, family status, source of income as well as nature of your husband... If your husband ready to give divorce than mutual divorce is best remedy... If he is not ready than you can file maintenance case other options are also available, it's depends documents and fact of your marriage life...
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Adv. Rajesh Ramprasad Jaiswal
Buldhana | 5+ Answers
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first try and settle it out of court only, send a legal notice first and if your husband doesn't respond, then you can proceed with the court proceedings. if agreed mutually, you can draft consent terms and you can mention the amount in the consent terms
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Adv. Areeb Ansari
Mumbai | 25+ Answers
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Since the parties have been living separately for 5 years and there are no child custody issues, initiating settlement discussions through an advocate's notice is generally the quickest strategy. If the husband is unwilling to settle or cooperate, maintenance proceedings can be filed simultaneously or thereafter to protect the wife's financial rights and strengthen settlement negotiations.
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Adv. Vishal Bhagwan Punwani
Mumbai | 5+ Answers
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To settle quickly, first send a formal legal notice through an advocate to demand a mutual consent divorce, permanent alimony, and the recovery of your borrowed money. This clearly states your terms and avoids immediate court delays.
If your husband ignores the notice or refuses to settle, you should immediately file a maintenance case. Contested litigation can take longer than 6 months, but filing for maintenance creates legal pressure, forcing him to the mediation table for a faster mutual settlement.
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Adv. Pankaj Bajaj
Mumbai | 1000+ 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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