permanent alimony and maintenance

Law Querier (Querist) 26 June 2013 This query is : Resolved
The Mutual consent Divorce through POA by wife and husband is proceeding in family court of India.Husband has job with lower income. Wife is in foreign country and well maintained herself and earning very well.But, Husband has no valid proof for her income because he is living in India and can not go and search in foreign country.
Que:1.Can husband claim during proceedings of MCD case, u/s.25(permanent alimony & maintenance)and u/s.26 (maintenance pendente lite & expenses)of The Hindu Marriage Act?
Que:2.Can wife claim permanent alimony u/s.37 of The Indian Divorce Act from husband though she is well maintained herself and divorce through mutual consent?

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ajay sethi (Expert) 26 June 2013
you do not know her income . on what basis will you claim . if divorce is by mutual consent all the contentious issues are resolved and form part of consent terms