Legal Question in Family Law in India

Hi me and my wife are planning to take mutal divorce. we have one 1.9 years of kid which will be staying with wife.My wife will be applying for divorce first. Do i have to pay her if its a mutual divorce and what are the imp points i shld keep in my mind for mutula support. can i take my gold back from her.


Asked on 12/31/09, 9:06 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

once its a divorce by mutual consent, you need to enter an agreement well in advance deciding the alimony and the stridhan to be returned or taken back. unless you sort this out, there can be no divorce by mutual consent.

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Answered on 12/31/09, 10:03 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

(a) The gold given by your side is her "istridhan" and may not be demanded back legally.

(b) If it is an appliction for "mutual consent divorce", then your wife WILL NOT BE APPLYING first. On the other hand, it has to be a JOINT APPLICATION filed by both simultaneously.

(c) You need to keep in mind the ALIMONY for your wife and the child.

If you have reached an agreement, you are welcome to send the same with an e-mail.

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Answered on 12/31/09, 5:16 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

you have to file a joint petition for divorce by mutual consent. Contact a local lawyer.

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Answered on 12/31/09, 11:35 pm


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