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Is it necessary to give maintenance to working wife in mutual divorce
05-Jun-2023 (In Divorce Law)
Married for about 19yrs with 1 kid. Now both agree to go in for divorce by mutual consent. My wife is earning very well rather much much better than what i do and for that she has even mocked about my financial status and earnings as compared to her during our conversations many a times. Right now we have just entered into an agreement to still stay together just for the sake of our only 1 son on certain terms and conditions. But if now i wish to get out of this agreement and wish to approach her for the divorce by mutual consent as initially desired by both of us, do i need to pay her any alimony ? Can she force it on me ?
Hi,
Their is no compulsion for permanent alimony it depends on the claim of her if she is insisting on it then you have to pay in the court as the court will then take that point what she will insist on. Better to sit and talk with an understanding .
Their is no compulsion for permanent alimony it depends on the claim of her if she is insisting on it then you have to pay in the court as the court will then take that point what she will insist on. Better to sit and talk with an understanding .
Helpful?
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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Hi
Since you already have an informal agreement in place, you can formalise the same vide a separation and settlement agreement that you will need to file at the time of second put up of your Mutual consent divorce petition.
Please be aware that the Mutual consent divorce petition has to pass 4 stages,
1) JOINT APPLICATION
2) MEDIATION/RECONCILIATION
3) Second put up before judge
4) Grant of divorce and child custody.
If the wife is working and earning higher salary than the husband, wife is not entitled for alimony.
However the father is solely responsible for the well being, education, welfare of the child.
Since you already have an informal agreement in place, you can formalise the same vide a separation and settlement agreement that you will need to file at the time of second put up of your Mutual consent divorce petition.
Please be aware that the Mutual consent divorce petition has to pass 4 stages,
1) JOINT APPLICATION
2) MEDIATION/RECONCILIATION
3) Second put up before judge
4) Grant of divorce and child custody.
If the wife is working and earning higher salary than the husband, wife is not entitled for alimony.
However the father is solely responsible for the well being, education, welfare of the child.
Helpful?
19+
19+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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