Mutual divorce By Hindu act what to do


Mou signed by both of us. Husband delayed 1st motion. Penalty charged by court. Still not received any money from him. Nw he has been arrested in bribery case by CBI for 90days.all his accounts are ceased. Can I get my alimony amount and divorce from him?

Answers (5)


220 votes

The mou which you have signed usually all the lawyers put a contempt clause in it which is used at the time of breach of the MOU by any party ... if he is not coming forward with the money and you have already signed the first motion without receiving the money you can file a contempt proceeding against him to recover the money .


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

82 votes

Yes, you can get both the reliefs i.e. the alimony as well as the divorce. You will have to file the petition and get a production warrant issued by the concerned family court. For settlement award as well the production of your husband would be required.

Popular Divorce Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
125 votes

Since you were filing a mutual consent divorce you cannot claim maintenance as a matter of right. If such terms have been put in the MOU and are part of the settlement then you cannot do anything but wait till second motion is finalized.

302 votes

Hello,
For the query you posted, I would suggest the following:

His corruption charges and your divorce proceedings are independent of each other.
For the divorce I don't see any complications except for compliance of courts orders and for the alimony,it needs to be presented before the court of law well.

I hope that answers your query

Best
M.Faris

97 votes

Yes divorce definitely but u can't say about alimony he can serve through cbi in jail or if he is bail then through its Advocate. This is only option u have right now. Mou has no legal. Section till it s

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles