Duration of filing, summons n whole procedure of maintenance case & mediation

Jun 13, 2026 122 views 1 answers
Family Law
Anonymous
Jun 13, 2026
Family Law
► Hindu, together 7 yrs, separated for 5 years. If maintenance case is filed n mediation is opted thereafter to seek mutual divorce n if spouse agrees, what can b "approximate duration of whole process" including filing maintenance case, summons to spouse, his reply if gives, getting option of mediation and converting to mutual divorce & getting final decree?? 1)*Avg time min n max it can take in above. 2)* What lumsum one time settlement shud b given to unemployed wife, no child, no residence, if husband has 50k/m salary, no assets, no liabilities?? 3)*Is it worth filing sect 9 or desertion case by husband after 5 yrs in response to maintenance case filed or if wife sends legal notice to seek divorce (if wife had valid reasons)?? Any expertise appreciated 👍🏻🙏🏻
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1 answer

1 Answer

Jun 23, 2026

Dear Client, if the wife files a maintenance case and both parties later agree to settle the matter through mediation and proceed with a mutual consent divorce, the overall timeline can vary significantly depending on the court, the speed of service of summons, the parties' cooperation, and whether the court is willing to waive the cooling-off period. It is therefore difficult to give a fixed minimum or maximum time. 

As regards a one-time settlement, there is no fixed formula. The amount depends on several factors, including the husband's income, the wife's financial condition, the duration of the marriage, the standard of living during the marriage, and other relevant circumstances. 

With a salary of ₹50,000 per month, an unemployed wife, and no children, the settlement amount would ultimately be a matter of negotiation or judicial determination based on the facts of the case. As for filing a case under Section 9 of the Hindu Marriage Act or alleging desertion after about five years of separation, the husband is legally entitled to take such steps if advised, but whether such proceedings would succeed or serve any practical purpose will depend on the facts, particularly if the wife had valid reasons for living separately. In many cases involving long periods of separation, a negotiated settlement and mutual consent divorce may prove more practical if both parties are willing. 

Hope this helps. Please feel free to reach out to us if you have any further queries or need assistance.

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