consent for divorce and alimony/maintenance

Querist : Anonymous (Querist) 06 March 2010 This query is : Resolved
a petition for divorce and alimony/maintenance for child and wife was filed in family court of mumbai by estranged wife under the right Special marriage act. Case issues were framedand interim maintenance was awarded which is partially complied as arrearswas sustantial.
Meanwhile , husbad had earlier filed for divorce under HMA IN cOIMBATORE which later he strangely got amended under SMA RECENTLY INSPITE OF OUR PRAYER FOR DISMISSAL.. CRP is filed for stay AT MADRASS HC.bOY'S SIDE IS RICH AND BOY IS NRE and petrolium engineer

Now at MUMBAI , BEFORE COURT A CONSENT FOR DIVORCE WAS ADVISED TO BE SIGNED BY THE GIRL'S ADVOCATE WITH THE TERM THAT ALIMONY, MAINTENANCE ETC WILL BE DECIDED BY COURT. NOW DIVORCE DECREE IS BEING ISSUED.Coimbatore case will be withdrawn by the boy.

tHIS WAS A SUDDEN DEVELOPMENT AND DO NOT LOOK HELPFUL TO THE GIRL AS THE BOY COULD GET WHAT HE WANTED. wILL THIS ADVERSELY AFFECT THE PROSPECT OF GETTING GOOD ALIMONY, FOR THE GIRL AND CHILD?

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Raj Kumar Makkad (Expert) 06 March 2010
No. Wife in such circumstances is not going to lose anything. It is right that had bargaining taken place such wife could have fetch more but let the court decide. None can be stopped to enter in the courts of his rights.

Sarvesh Kumar Sharma Advocate (Expert) 06 March 2010
agree wth mr. raj's view.

Guest (Expert) 06 March 2010
(2009) DMC 833

Section 125 â€” Relinquishment of right to claim maintenance from husband in agreement between spouses which formed basis for divorce by mutual consent is opposed to public policy - Cannot be used by husband for avoiding payment of maintenance to divorced wife.

Querist : Anonymous (Querist) 06 March 2010
Thanks to all of you esp Shri Rajkumar for this information. Request further enlightenment about the following;

1. As the boy, NRE engineer, has understated his income and asset holding, how to get the correct information through family court ?

2. Most of the land and buildings owned by his family are in his mother's name (earned by his father) and majority of which is meant to be inheritted by him later. Wat claim could be possible for deivorced girl and minor child ?

Awaiting expert view and with regards ,
Anonymouse.

Uma parameswaran (Expert) 06 March 2010
If the court is not aware about the existing financial postion of the husband,It is better to make the Court know about that.

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