Legal Question in Family Law in India
Im a middle class single parent having a son (6yrs old) with me. i want divorce from my wife and she is also ready for it. she has a pr visa of australia. she left me and my sons in jan 2007. we are married under hindu marriage act. she cant come to india but wants the divorce. as she does not want to take any responsibility of my son and willing to give rs 20000 as compensation every month for my son. she wants the divorce as quick as possible. she is also ready to mention the compensation in the divorce paper. how do i get divorce and what can i do if after divorce she ignores giving the compensation as she is in australia and im in india i cant go and find her there even after she changes her address there, etc. is there any legal papers for compensation? please give me the best solution for this.
2 Answers from Attorneys
in case she is willing to give compensation, you may ask her for compensation for next three years as even if she gives post dated cheques and they bounce, nothing can be done as she is in australia. even if a compromise is entered, it would not be valid in australia. so you ask her one time settlement amount and go for mutual.
As per the information given by you & your willingness to relieve your wife from matrimonial responsibility one time settlement & mutual consent divorce is the only option availbal to you
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