About maintenance case

Querist : Anonymous (Querist) 08 October 2011 This query is : Resolved
hi
i got married on 19feb2009,applied for divorce as my husband and i couln't lead marital life as he was impotent,he agred to give me divorce only if i don't demand for maintenance and leave all my thing give at the time of marriage.
so my query is can i file maintenance after divorce. plz help me out if i can,how should i proceed

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Arun Kumar Bhagat (Expert) 08 October 2011
Even after divorce you are entitled for maintenance till your remarriage or till you are able to maintain yourself remaining single.

Advocate Bhartesh goyal Online

(Expert) 08 October 2011
Yes Mr Bhagat is right.you have a right to claim maintenance even after getting decree of divorce till you remarry or unable to maintain yourself.

Guest (Expert) 08 October 2011
if your divorce occurred and if it was mutual divorce and if you mentioned about your maintenance that you will not claim for the maintenance in future so if you mentioned this condition than you are not able to file this case otherwise you can file the case.

Advocate M.Bhadra (Expert) 08 October 2011
Since your marriage was not consummated due to impotency of your husband then it is a voidable marriage, but when
your husband filed a divorce suit and you appeared in the suit then in the eye of law marriage was consummated.Accordingly you can claim the maintenance till you re-marry or unable to maintain yourself.(Sadasivam Pillai Vs.Vijaya Lakshmi 1987 Cr LJ 765(1986)3 Crimes 508 (1987) 1 Ker Lt381)

Shonee Kapoor (Expert) 08 October 2011
YES, you can.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 08 October 2011
Even if you undertaken not to claim then also you are entitled for maintenance as per law.

prabhakar singh (Expert) 08 October 2011
But like other conditions imposed for a divorce by him by mutual consent if he also asks you to agree over a term that no past ,present or future maintenance shall be payable to you and then decree is awarded in terms of this mutuality ,you would have no right to claim maintenance is being also a train circumstances may force you to travel.

Guest (Expert) 09 October 2011
Mr. Makkad please reply if any citation is there. please

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