If you are stuck in such a situation, here is what to do.

Mr. Sameer, a young professional working in a tech firm in a metropolitan city, finds himself at a marital crossroads. He comes from a challenging family background and had hoped to build a peaceful life with his wife, Ms. Anjali. Sameer earns a substantial monthly income with a hybrid work setup, while Anjali works and earns a more modest salary.

After a year of marriage, Sameer feels a growing disconnect. He perceives a disparity in household responsibilities, with him and his visiting mother handling most chores. He notes that his wife seems disengaged, often absorbed by her phone, and their intimacy has dwindled, which she attributes to work pressure and anxiety about his mother potentially moving in with them. Sameer had accepted her past relationships before marriage, but the current situation has left him disheartened.

He is contemplating a future plan: over the next few years, he will continue to save while encouraging Anjali to build her own financial corpus. He hopes she will secure a better job and become more financially independent. If their relationship does not improve, he intends to propose an amicable, mutual consent divorce. Currently, Sameer has significant savings but no property in his name, as he is estranged from his father who owns ancestral properties. His primary concern is whether Anjali, despite being employed and having her own savings, could legally demand a substantial alimony amount that would jeopardize his financial future.

Advice in such cases

Navigating the end of a marriage is emotionally and financially taxing. If you find yourself in a similar situation to Mr. Sameer, a structured approach is crucial.

• Attempt Communication: Before considering legal options, make a genuine effort to communicate with your spouse. Professional marriage counselling can provide a neutral space to discuss grievances and explore chances of reconciliation.
• Financial Transparency: Maintain clear records of both your and your spouse’s income, assets, and liabilities. This information is vital for any settlement negotiations.
• Understand the Law: A working spouse is not automatically barred from claiming alimony. The court’s primary goal is to ensure that both parties can maintain a lifestyle reasonably close to what they had during the marriage, especially if there is a significant income disparity.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Divorce and maintenance in India for Hindus are primarily governed by the Hindu Marriage Act, 1955. The key provisions are:

• Section 13B of the Hindu Marriage Act, 1955: This section deals with divorce by mutual consent. The most crucial element here is the mutual agreement on all terms, including alimony, child custody, and property division. The terms are typically documented in a Memorandum of Understanding (MOU).
• Section 24 of the Hindu Marriage Act, 1955: This allows a spouse who has insufficient independent income to meet their necessary expenses during the court proceedings (maintenance *pendente lite*) to claim it from the other spouse.
• Section 25 of the Hindu Marriage Act, 1955: This provision governs permanent alimony and maintenance. The court can order one party to pay a lump-sum amount or a periodic payment for the maintenance of the other. The court considers factors like the income and property of both parties, their conduct, and other circumstances. The Supreme Court’s judgment in *Rajnesh v. Neha* has laid down comprehensive guidelines for determining the quantum of maintenance, emphasizing the need for a realistic assessment of the wife’s needs and the husband’s ability to pay.

If you are the complainant

If you are the one initiating the thought of a mutual divorce, like Mr. Sameer:

• Gather Financial Documents: Collect proof of your wife’s employment, salary slips, and bank statements. This will be crucial to demonstrate her earning capacity.
• Propose a Fair Settlement: In a mutual consent divorce, the alimony amount is not decided by the court but agreed upon by the parties. Your goal should be to negotiate a reasonable, one-time, full and final settlement that is fair to both parties and avoids future litigation.
• Document Everything: Keep records of your financial contributions to the household and any support provided for your wife’s career advancement.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are in Ms. Anjali’s position, where your spouse is contemplating divorce:

• Assess Your Financial Standing: Evaluate your income, savings, and potential future expenses. Consider the standard of living you were accustomed to during the marriage.
• Acknowledge Non-Monetary Contributions: Your contributions to the household, even if non-monetary, have value and are considered by the law.
• Do Not Be Coerced: The consent for a mutual divorce must be free and voluntary. Do not agree to an unfair settlement under pressure.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Divorce is a civil matter and does not typically involve the police. The police will not intervene in matters of alimony, maintenance, or the divorce process itself. Their role is limited to criminal complaints. If there are allegations of cruelty (which could fall under Section 85 or 86 of the Bharatiya Nyaya Sanhita, 2023) or criminal breach of trust regarding dowry articles (Stridhan), then the police may register an FIR and investigate. However, for the divorce proceedings, the parties must approach the Family Court.

FAQs people normally have

• Is a wife who is earning liable to claim alimony?
  Yes. A wife’s employment does not automatically disqualify her from claiming alimony. If there is a significant disparity in income and lifestyle, the court can grant maintenance to bridge the gap. The quantum will depend on the specific facts of the case.
• What is the difference between a lump-sum alimony and monthly maintenance?
  Lump-sum alimony is a one-time, full and final payment that settles all future claims. Monthly maintenance is a periodic payment made by one spouse to another. In a mutual consent divorce, parties often prefer a lump-sum settlement for a clean break.
• How is the alimony amount decided in a mutual consent divorce?
  The amount is decided entirely by the husband and wife through mutual agreement. The court’s role is to ensure that the consent to the agreed terms is free and not obtained through force, fraud, or undue influence.

What evidence is required?

For a mutual consent divorce petition, the primary evidence required includes:

• Proof of marriage (Marriage certificate, photographs).
• Address and identity proofs of both parties.
• Affidavits stating that you have been living separately for one year or more and have been unable to live together.
• The Memorandum of Understanding (MOU) or settlement agreement detailing the terms of the divorce, including alimony, property, and any other arrangements.
• Financial affidavits from both parties, disclosing their income, assets, and liabilities as per the *Rajnesh v. Neha* judgment.

How long will the investigation take?

Since a mutual divorce is not an “investigation” but a court procedure, the question is about the timeline. The process under Section 13B involves two stages:

• First Motion: The couple jointly files the divorce petition. After the court records their statement, it adjourns the case for a statutory “cooling-off” period of six months.
• Second Motion: After the six-month period (but before eighteen months from the date of filing), the couple must appear again to reaffirm their consent. If the court is satisfied, it will grant the decree of divorce.

The entire process typically takes about 7 to 8 months. However, the Supreme Court has ruled that the six-month cooling-off period can be waived in certain cases where the marriage has irretrievably broken down and there is no chance of reconciliation, potentially speeding up the process.

Advocate Sudhir Rao, Supreme Court of India