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LMe (23M) and my mother have been living separate from my father since 2019. I have alifelong medical condition due to which i have to be on medications and injections daily till death.
This man shouldn’t even be called father….he lied to my mother’s family while marrying that he’s an MD of a mfg company and etc. etc. Truth was he was a 5th fail who used to work as a tailor labourer in a factory in a tier2 city(mom came to know abt this after i was born). Since then he has been mentally torturing my mother. My mother belonging from a rural village, her orthodox family never supported her to get rid of this man.
He’s a sick mentality person who straightforwadly syas to us that ” You two will go to village….see tyere some dog will pee on bothof your face”.
My mother wants to divorce this man and get her name also changed. We have convinced this man for mutual divorce. But i’m not a lawyer or nor have any idea about this.
How should we proceed towards mutual divorce?We don’t want any alimony but just want the monthly maintenance as my montly medicine bills are too much.
My mom has a question that if the divorce happens can there be a condition put on him that he has to be there for me in any medical emergency arrives?(we don:t have any relatives in this city)
I have heard of there is a 6 month waiting period for divorces….is there any way we can skip this and make ismt easier and quicker??
How can me and my mother change our surnames after divorce? Will my mother bear her father’s surname automatically? OR have to file an affidavit and through gazzete? PLEASE HELP🙏🏻
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CIf you are Hindu, then the 6 month period will apply but you can get it waived.
Considering that your mother and you need the monthly payments, the same needs to be agreed to by your father as well if you are seeking mutual divorce.
Hire a good lawyer, so that all relevant terms can be incorporated in the Divorce Petition. -
HIf you are seeking a mutual divorce, all terms and conditions must be agreed upon by both parties. The settlement should specify the amount of maintenance, if any, to be paid by the husband. It is advisable to opt for a one-time permanent alimony to conclude the matter definitively. Additionally, you cannot claim maintenance for yourself as you are an adult. A father is only required to provide maintenance for a major male child if the child suffers from a physical or mental disability that prevents him from earning a livelihood.
If your mother wishes to revert to her maiden name or adopt a new name after divorce, she must first prepare an affidavit stating the reason for the name change and citing the divorce decree as supporting evidence. Next, she must publish the change in the official Gazette of India or the respective State Gazette. Additionally, a newspaper publication in at least one national and one local daily is required. Once these steps are completed, she can apply for a name change in official documents such as Aadhaar, PAN, passport, voter ID, and bank records by submitting the Gazette notification and affidavit as proof.
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PDivorce can be sought using 2 different ways – Mutual Consent Divorce & Contested. Read the following pages to understand further [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
[https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
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**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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