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(Querist) 26 July 2008 This query is : Resolved 
whether a wife who have been divorced on mutual consent of her, on the basis of customary law is entitled for maintence
ANAND SUMAN (Expert) 26 July 2008
Dear Nitin,

If divorce took place on mutual consent, then the husband is not liable to pay any maintenance to wife according to Hindu Laws.

However as your case indicates, it is based on customary law. For that you must have substantial proof of your customary law.

In case of any further query, feel free to contact.

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kumar sachin (Expert) 26 July 2008
anand suman has rightly replied ur ques.
Adv.Rajendra Kothari (Expert) 27 July 2008
Anand Suman has answered correctly.I agree with him.
Ambika.S (Expert) 27 July 2008
Mutual Consent is for the Divorce and Maintenance is a separate issue. If the same is not discussed then the wife can claim for the maintenance.

Maintenance is paid to wife, children and parents of the husband under section 125 of criminal proceedure code. Irrespective of customary rites.

Maintenance is paid either monthly or permanently to wife according to convenience. A wife is entitiled to receive maintenance permanently/periodicaly under section25 of Hindu Marriage Act. If the parties are hindu by customs. After the proceedings has reached finality

But implimentation of Domestic Violence Act 2006 has enlarged the scope of maintenance under section125 of Criminal Proceedure Code and has given right to maintenance if the parties were at any point of time living together.
SANJAY DIXIT (Expert) 28 July 2008
Dear Nitin , it depends on the conditions settled & discussed at the time of mutual consent settlement.

If wife has forfeited her right of maintenance at the time of settlement, then she can't claim now ; otherwise she is free to claim the maintenance.

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