(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.
(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.