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Filing for mutual divorce. What are my rights?


27-Jun-2023 (In Divorce Law)

I am filing for mutual divorce. I have been married for 14 years. My monthly income is 32 thousand and whereas my husbands monthly take home is around 5 lacs per month. I want to know my rights if we are going for separation?

Answers (3)

Answer #1
125 votes

If you intend to take divorce by mutual consent then the parties have to mutually decide the terms of divorce.

In the mutual terms, you can take alimony from your husband and ask your husband to return your stridhan i.e gifts given by your parents or relatives during marriage.

You are eligible for your children if they want to be with you for their maintenance as well.

Advocate Chikirsha Mohanty

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Answer #2
912 votes
Thank you for your query Divorce by way of mutual consent is a speedier way of separation where the parties involved agree to certain terms and the husband gives the wife the Amount so demanded Now what the terms are that have to be jotted down in a memorandum of understanding and the same shall be filed before the court You are eligible for as much maintenance as much your husband agrees to as per his status You are eligible for your children if they want to be with you for their maintenance as well The best way to ensure that you get what your husband agrees to is to take the settled amount or other things in 2 parts 1 part at time of first motion 2 part at time of second motion
Answer #3
901 votes
If you are filing a Mutual Consent, then your rights are whatever you and your husband decide mutually in the Petition. But having said that you should try for a lump sum settlement if your husband is agreeable.

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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