Mutual Divorce
SATYANARAYANA K
(Querist) 04 January 2010
This query is : Resolved
After obtained Mutual Divorce Decree from the court a Hindu woman may seek again maintenance from her husband or not. If not mention about her future maintenance in the mutual Divorce petition in terms and conditions before the court at the time of mutual settlement. if yes which section apply, please tell, my quarry is it applicable u/s 125 of Cr.P.c or section 18 of Hindu Adoption and maintenance act please reply.
after got mutual divorce she did not marry to any one then is she eligible to get maintenance from her husband.
i am waiting for your valuable reply
Raj Kumar Makkad
(Expert) 04 January 2010
If in the mutual decree of divorce, permanent alimony provision was not made and specifically it was not written therein that the wife shall not be entitled to get any maintenance in future then she is fully entitled to get the maintenance allowance from her previous husband till her re-marriage or death. Section 125 Cr. PC is applicable in such event.
Sukhija
(Expert) 05 January 2010
even if it is written in mutual consent divorce petition that she will not claim maintenance, she can claim maintenance from her ex-husband if she is unable to maintain herself & she is unmarried.
adv. rajeev ( rajoo )
(Expert) 05 January 2010
Even after divorce she is entittle to claim the maintenance from her ex-husband subject to the conditions at the time of mutual divorce.
aman kumar
(Expert) 05 January 2010
agree with sukhija !!
