Mutual Consent 1st Petitioner Is Wife. Is Alimony Compulsory ?
08-Jan-2023 (In Divorce Law)
When a petioner filed jointly for divorce by mutual consent and husband and wife are equally Hindus qualified & employed & No dowry in any form is taken. Now wife wants divorce by mutual consent. Now is the payment of Alimony compulsory when she is ready to forego her rights over the income in all sources of her husband. How much time it takes to get a decree and what are the expenses that are to be incur? Please answer me in detail. The jurisdiction is of banglore.
Dear Sir,
Payment of alimony is not compulsory...It is necessary only if they wife is either unemplyed or unable to lead equal social and financial status life as that of her husband...Thus you may avoid giving alimony in mutual divorce...My fee for preparing mutual divorce petition is Rs. 20,000...Filing charges is Rs. 5000 and Rs. 1000 to be paid on every court hearing date to my junior...The disposal of case depends upon background of your married life and separation...Normally Court will ask for you to wait for six months otherwise you have to seek waiving of euch period by showing special reasons...Thus it requires 4-6 months to get a mutual decree apart from 6 months cooling period...
Payment of alimony is not compulsory...It is necessary only if they wife is either unemplyed or unable to lead equal social and financial status life as that of her husband...Thus you may avoid giving alimony in mutual divorce...My fee for preparing mutual divorce petition is Rs. 20,000...Filing charges is Rs. 5000 and Rs. 1000 to be paid on every court hearing date to my junior...The disposal of case depends upon background of your married life and separation...Normally Court will ask for you to wait for six months otherwise you have to seek waiving of euch period by showing special reasons...Thus it requires 4-6 months to get a mutual decree apart from 6 months cooling period...
When the wife is employed and is earning sufficiently to support herself, then alimony cannot be claimed as a matter of right. Mutual consent cases have to be filed by both the parties. If there are any children, then the father would be required to support the children. Once a petition for mutual consent is filed it can take upto 7 - 8 months for the Judgment to be passed. There are certain cases where it can be done earlier by asking for a waiver of the 6-month statutory period but that friends from case to case.
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