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Husband Wants Mutual Consent Divorce

Discussion in 'Life Without Spouse' started by planetx, Apr 7, 2019.

  1. planetx

    planetx Junior IL'ite

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    I have already posted my prob earlier in this forum.

    Want Divorce From Husband

    The last time he spoke to me was in Dec 2018, when he vacated the house and sent my things. After that he stopped picking my calls. I waited patiently for 4 months no use. I sent a lawyer notice 2 weeks back. He responded last Saturday saying he is busy with office work and needs 15 more days time. But his lawyer keeps pressurizing by calling my lawyer every day and saying he will sign mutual consent divorce but ready to provide only 2 lakhs lump sum. I did not agree. He did not send me even a penny in these 16 months separation time. I'm a hindu. His gross salary is 12 lakhs/annum. He has 50% share in an individual house that is worth minimum 1.5 crores. It is not registered in my name. Has some ancestral property in his native too. We don't have a child. We both hail from an upper middle class background. I'm not working. Can anyone guide me how much alimony I can claim from him?
     
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  2. DDream

    DDream Finest Post Winner

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    OP, Did he return all your jewelry or money that were given to you by parents at the time of marriage?

    I dont know much about Indian laws, generally one should get 50% of all marital property during divorce. But if nothing is in his name or jointly, I dont know how it work in India. One time settlement of 2 lakhs appears to me as very low. I think you should get ailmony more than this amount or on a monthly basis as you are not working. Did you file domestic violence against him? What's your lawyers opinion about it. Getting out of the marriage will be easier with mutual consent. If you dont agree with mutual consent, what are the options you have. He cannot force mutual divorce on you.

    Alimony in india - How much alimony should I get if i divorce my husband

    Divorce By Mutual Consent In India- How Easy It Is?
     
    Last edited: Apr 7, 2019
  3. planetx

    planetx Junior IL'ite

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    My jewels are with me. Both he and his mom demanded me to give it to them. But I did not give them. I know he contributed to buy the house and it’s registered in his name and brother’s name. I live in India the divorce laws here are different. I can’t claim 50% martial property. My lawyer also feels 2 lakhs is too less. Yet to file domestic violence against him. I just sent a formal legal notice.
     
  4. GlobetrotterG

    GlobetrotterG Silver IL'ite

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    This thread is quite. I hope you got few suggestions? or still struggling to figure out the options?
     
  5. senorita2019

    senorita2019 Gold IL'ite

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    How many years were you married, because that determines the alimony.
    His ancestral property and property thats not in his name, property bought before marriage might not be given to you. They might drag it endlessly if you claim it.

    Instead of asking everyone, send a counter proposal giving exactly how much you think you should get and see their response. if both disagree then go to court and let the judge decide.
     
  6. ProudIndian

    ProudIndian Gold IL'ite

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    Your husband and his lawyer are purposely wasting your time so u should get frustrate and sign without compensation. He burner your back twice so file divorce with domestic violence asap. Don t hesitate or be timid. You decide how much compensation you should get to rebuild your life plus how much your parents spend on wedding or you spend at all. Make sure your lawyer is good. You can claim lawyers cost also with alimony
     
  7. KashmirFlower

    KashmirFlower IL Hall of Fame

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    2 lakhs and you have to agree as "Mutual consent"?
    for some people it never occurs about "Mutual consent", except at divorce time.

    Keep a strong lawyer, know your rights from lawyer. You don't ask for mutual, let your lawyer talk for you in the court (if he did anything wrong like domestic violence, he will not be ready to stand in the court, so he will agree for what your lawyer say).
    Is it even legal to call lawyer of one party by another party lawyer? I don't think so it is correct way.
     

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