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Seeking mutual divorce from a wife who personality disorder


29-Aug-2023 (In Divorce Law)
Hi Sir, 1. I am a NRI right now & have a wife and daughter (born in USA) . We will return to India permanently in Feb 2020 Wife suffers from personality disorder & Psychosis & has been mentally & physically harassing me . In 6 yrs of my marriage i tried hard to make it work, but she has nvr changed. i hv decided to part way but not conveyed her my decision . 2. When i get back to India, do i have to wait for one year to apply for mutual divorce or can i immediately send a legal notice that i want mutual divorce? 3. Will my earnings in USA form a basis for alimony & child support calculation ? 4. My net take away in india is 90,000 per month . How much maximum can be the alimony + child support / month i have to pay ?
Answers (3)


LawRato

Answer #1
803 votes
dear client for a mutual divorce either of the party can file at any time and for the alimony or for child is concerned it is between the parties if she doesn't want anything or if you want to give something to your daughter as it's a mutual divorce so it is between the party what they have settled down then after one or two dates the decree of divorce is finalized for further details do contact us.
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Advocate Rahul Rathi

Adv. Rahul Rathi

LawRato Allahabad | 700+ Answers
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Answer #2
657 votes
you have to show one year separation before court to move petition of divorce. alimony amount is fixed by both the parties on compromise basis at the time u reached india contact for further assistance
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Advocate Shubham Arora

Adv. Shubham Arora

LawRatoMeerut | 50+ Answers
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Answer #3
701 votes
you can directly file without any waiting and but divorce by mutual consent will only given when both the parties agree, else you have to file a divorce case under section 13 on any of the mentioned grounds. in case of maintenance it is 1/3 rd of husband's salary but courts usually award lessor amounts. contact us for further details
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Advocate Prashant Chandra

Adv. Prashant Chandra

LawRatoLucknow | 100+ Answers
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