Legal Question in Family Law in India
Is it better to go for a mutual divorce or is it good to contest divorce case?
My friends husband is ready to give her a big amount as alimony if she agrees through mutual consent but if she contest and fights for the case, what are the chances of her getting the maintenance from court?
She does not have a place in mumbai except her matrimonial house, will she get a house to stay in mumbai ? her husband is an indian nation whereas she is an nepali nation.
5 Answers from Attorneys
in case she is getting a good amount of alimony by filing a divorce by mutual consent, she may prefer to going for it as contested divorce may not only be time consuming but will also be expensive.
Mutual consent Divorce is always better than the contesting Divorce. As both the parties mutually agrees to whatever they are exchanging between each other in terms of money,custody etc. and files the same before the court.You can ask your husband to give you a house too and he may agree to give you the same . The time taken in this Divorce is minimum 6 Months for both the motions. If you are getting good alimony in Mutual Divorce then go for it.
My friend frankly speaking in any case it would be far-far better to go for divorce amicably.
It is because ultimately even you are going to get the same result i.e. divorce decree even if you contest for years.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
yes she can get place to live in mumbai and can get maintenance
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