Long separation, settlement amount

724 votes

Hi there, it doesn't affect when you file for divorce as it can always be well covered as a last resort. Further, in order to devise which is better for you I'll need more information about your marriage and what all happened. Therefore, it's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato

653 votes

Based on your facts and supporting evidence, you may proceed with divorce proceedings. First option is to file for mutual consent divorce with a fair one-time settlement. If your husband does not cooperate, you can proceed with a contested divorce.

Advocate Nikhil Karwal LawRato

786 votes

Ma’am if your husband is agreed for mutual divorce and amicably decide the lump sum amount. Otherwise, you can seek maintenance under criminal procedure code which is now BNSS and parallel you can institute suit for divorce wherein you are within your rights to claim maintenance.

Advocate Harshit R Gupta LawRato

615 votes

Based on the facts, you have strong grounds for contested divorce on cruelty and irretrievable breakdown due to long separation. You can also claim maintenance and permanent alimony despite being unemployed. First issue a legal notice seeking one-time settlement; if he avoids, file for divorce with maintenance. Mutual consent is advisable only if he agrees to fair lump-sum settlement securing your future.

Advocate Abdullah Akhtar LawRato

756 votes

Since you are a Hindu wife, married for 10 years and living separately for 4 years, your case legally shows long separation, but under Hindu Marriage Act, “irretrievable breakdown of marriage” is not a direct ground for divorce in lower courts. It is mainly used by the Supreme Court. So practically, you can file divorce on grounds like cruelty, mental harassment, and desertion (after 2+ years separation). 1 First Option If your husband is ready, mutual consent divorce (Section 13B HMA) is faster and safer. Before signing: • Decide one-time alimony (permanent settlement) • Include past expenses if possible • Include future financial security • Take full payment before final motion or through court demand draft This is less stressful and quicker (6 months minimum). 2 If He Refuses You can file: • Divorce on cruelty/desertion • Maintenance under Section 24 & 25 HMA • Or maintenance under Section 125 CrPC • Also Domestic Violence Act claim for compensation Since you are unemployed, have no house, and low qualification, you have strong grounds for monthly maintenance or lump sum alimony. 3. One-Time Settlement Strategy Amount depends on: • Husband’s income • His property • Lifestyle during marriage • Duration of marriage (10 years is significant) Courts often grant 1/3rd to 1/4th of husband’s net income as maintenance (varies case to case). If he is avoiding response because he has to pay, filing a legal case may pressure him to negotiate settlement. A

Advocate Prity Raj LawRato