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Husband refuse to provide settlement amount but wants mutual consent d


28-Apr-2023 (In Divorce Law)
we were an NRI Christian couple married for 10yrs living abroad now separated 3yrs I am in India and he is in the gulf working. he has been providing maintenance for these 3yrs Although the divorce is against my wish, he doesn't wish to continue while I still want the marriage, however, he doesn't want to live with me anymore so I had to return to India. As a final settlement, I have asked for a lump sum amount which he says he is unable to provide as he has already been paying me past 3yrs and now wants to go ahead with the divorce. I am currently living in my parents house and have no job. He says if not mutual we will have to contest in court.In such case what are the chances the court will rule the alimony in my favour? or you think I should just agree to his terms and file mutual consent which seems easier? Please advise best solution
Answers (4)

Answer #1
956 votes
If he does not agree for a lump sum alimony and thinks of filing for contested divorce then you can claim a lumpsum alimony from him through court in the same proceeding and if you have his income details like salary he earns or income tax returns filed by him and the details of his work of place then that will help you to claim good amount and court may agree for it. And you may get his case for divorce dismissed if he is unable to prove his ground for asking divorce in court.
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Advocate Mukesh Vasant Shinde

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Answer #2
629 votes
Section 13B of the Hindu Marriage Act, 1955 mandates that in case of divorce by mutual consent, there has to be a composite period of 18 months of separation — one year provided in Section 13B (1) and six months in Section 13B if ur going with mutual divorce
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Advocate Ashwini Deshmukh Salunkhe

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Answer #3
912 votes
Dear queriest, as per your query you have mentioned that you have been staying separate and your husband has been paying you maintenance for the past 3 years and he is not ready to pay you lumsump amount, and wants to go with divorce, in such case if he agrees to give you a lump sum amount then you can go with mutual l, but If he is not ready then we can contest and the court may pass an 9rder at the final stage. for more in detail kindly contact me.
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Advocate Dhananjay Ravikant Gangawane

Adv. Dhananjay Ravikant Gangawane

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Answer #4
716 votes
Hello advocate Minakshi Ovhal here. you can file Restitution of conjugal right case and also claim for maintenance. even you can file Domestic violence case against your husband. please provide more information. thank you
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Advocate Minakshi Bapu Ovhal Dakhane

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