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Fighter   04 February 2020

Can wife demand maintenance after mutual consent divorce

I have taken mutual consent divorce around 3 years back (Year 2017). I have paid one time very good amount as a permanent alimony and child support charges for my minor daughter (7 years old now). Daughter's permanent custody is with my ex wife.

It was one time payment as per mutual consent terms and conditions under Hindu Marriage Act 13B. Court has passed final decree around 3 years back.

Now last week wife has sent me lawyer's private notice for additional per month maintainance to her and daughter. She is now demanding 20000 rupees per month. We have very well drafted agreement saying she can not claim any maintainance in future and can not initiate any legal suite against each other. But still she has sent notice to me.

Before MCD I have filed 3 criminal cases against wife and her relatives. I have closed those at the time of Mutual Consent Divorce. Can I reopen those criminal complaints after 3 years now?

What all legal (Civil and Criminal) actions i can take against her? I want to be agressive so that she should not dare to send me notices again. I dont want to give single rupee now. I have done legally second marriage now.

Please suggest me ASAP. I need to reply to her notice.


 7 Replies

Shashi Dhara   04 February 2020

Even if you have paid one time settelement she has right to claim maintenance on behalf of child .if she remarried then she ceases .oppose it in court.

phani (2010)     05 February 2020

she able to seek maintenance on behalf of minor child even after got divorce, if you withdraw the criminal cases and continues cause of action you are able to file new cases with mentioning old cases

Advocate Suneel Moudgil (Advocate)     05 February 2020

1. if she had ceased her right of claiming the maintenance in the mutual divorce petition and the same is recording in the evidence/decree, then she cannot claim any maintenance, however, she can claim on the behalf of the child,


Fighter   06 February 2020

I have paid around 26 Lac rupees to her and for child support. One time settlement. And mentioned in agreement she can not claim amount in future.

Within 3 years she is demanding more money. In notice she mentioned that intrest earned on 26L is not enough to take care of her and child.

They is no condition that she should be using only intrest part. She can also withdraw some amount every year from 26L in addition to intrest. 

For how many years I am liable to pay for child?

Under which section she can demand maintainance to her and child?

Shashi Dhara   06 February 2020

She can claim on inflation only not on any section you strongly oppose it in court that it was one time settlement and u r not liable for further maintenance.who knows what is your future.

Fighter   14 February 2020

I have given 26 Lac to wife. As a permanent alimony to wife and as a one time amount for my child's expenses. But I have not done fixed deposit from that amount. I have just given DD of this amount to wife. In mutual divorce agreement we have not specifically mentioned that X amount is for wife and Y amount is for child.

Since I have not detailed above points in mutual divorce agreement, will it go against me in future? Can wife now demand maintainance to her and child based on above facts?

Shashi Dhara   14 February 2020

You send reply notice that you are not liable to pay any maintainenace per compromise .tell.she may go to court , u defend strongly in court.

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