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In mutual divorce, how many parts take alimony, when withdraw cases
14-Sep-2025 (In Divorce Law)
I am going through mutual divorce settlement after six years of cases in court, without any maintenance given to me by husband.
Please advice, when should I take alimony, in how many parts for my financial security and when to withdraw cases so that husband don't back out after first motion.
Also if he does back out after first motion( as per his wrong intention), what rights do I have get full alimony amount along with stree dhan, which I have not received so far ? Please guide
For your financial security, it is advisable to take the alimony amount before or at the time of filing the first motion, preferably by way of a bank draft or demand draft, and get the payment terms recorded in the settlement placed before the court. Do not withdraw your pending cases until the full agreed amount and return of stridhan are received. If your husband backs out after the first motion, the divorce will not go through, but you still retain the right to pursue your pending cases and also claim maintenance, permanent alimony, and recovery of stridhan separately. Ensure all terms of settlement are in writing and filed with the court to protect your rights.
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Adv. Adarsh Kumar
Adv. Adarsh Kumar
Delhi | 400+ Answers
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Greetings for the day. Do seek a detailed legal Consultation for your mutual consent seemless process. Do brief a lawyer and seek his considered opinion as to how to proceed. Alimony and other material terms should be properly incorporated in the MOU without ambiguity to avoid any future issues. Maximum part should be taken before the first motion. Further you may connect
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Hi there, at first motion you should take half of the decided amount of the settlement and withdraw the case of maintenance.
On the second motion you take the rest of the amount and withdraw all the cases only after the full and final settlement amount is received.
If he backs out of settlement then you will have to follow the procedure for divorce in the court and then divorce will be granted or you can apply for specific performance.
If you have any questions feel free to contact me.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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In mutual consent divorce, it is always advisable that the alimony/settlement amount and return of streedhan be secured before or at the stage of first motion itself, either in lump sum or in clearly defined installments backed by undertakings. This ensures your financial security and avoids the risk of your husband backing out after first motion. If he withdraws his consent later, you still have remedies to pursue maintenance, alimony, and recovery of streedhan through independent proceedings.
Since the strategy depends on the exact terms of settlement, pending cases, and evidence already on record, I will need to understand the details of your matter before guiding you on the safest way forward. You may contact me for a thorough consultation and to plan the proper legal safeguards in your case.
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Adv. Drishti Mittal
Adv. Drishti Mittal
Delhi | 25+ Answers
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Hello !!
i advise you to have a memorandum of understanding, it's an agreement to be signed between the parties.
in MOU terms of settlement to be mentioned in a proper manner
and after MOU I will advise you to pursue or divorce
MOU will reduce the scope of litigation
warm regards
Rahul Kumar Singh
Advocate
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Adv. Rahul Kumar Singh
Adv. Rahul Kumar Singh
Delhi | 50+ Answers
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