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Ramsh (engineer)     27 May 2012

Maintenance after mutual divorce

In our agreement and in our divorce petition it is mentioned that my wife will not claim any maintenance/alimony in future. But as per some recent judgments any agreement against the public law is not valid and women cannot be debarred from maintenance by any agreement. In future after passing the divorce decree if my wife claim any maintenance, whether I can submit the evidences in court that I was ready to take back my wife and I was ready to maintain my wife and without sufficient reason she left my house. Whether such evidences shall be accepted by the court after passing mutual divorce decree. So that I not have to pay any maintenance.

 

 

 

 



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 7 Replies

shrinivasg Advocate. (N)     27 May 2012

when mutually divorce is taken, your stand of taking her back cannot be approved. If she left the claim of mentenance for ever she cannot claim it. terms and conditions to be viewed.

Ramsh (engineer)     30 May 2012

But as per some recent high court judgments any agreement against the public law is not valid and women cannot be debarred from maintenance by any agreement

manish (cdsdfasd sdf)     30 May 2012

which judgements are you referring to?

Ramsh (engineer)     30 May 2012

Please find the attached link for the details of High court judgement-

https://www.expressindia.com/latest-news/Woman-cannot-be-debarred-from-maintenance-after-divorce--HC/354093/

manish (cdsdfasd sdf)     30 May 2012

i read the link and i found the word "mutual agreement" interesting. My wild guess is that the said agreement was made without involving the courts and was done between two individuals. I think that may be the loophole the abla naari took advantage of..

Anjuru Chandra Sekhar (Advocate )     08 June 2012

She ceases to be your wife after court issues decree in MCD.  She cannot claim any maintenance thereafter.

sunil (Engineer)     09 June 2012

Sir, one question if we get the divorse through MCD and during MCD before judge if she not mention anything about maintainance..

Is she eligible for maintainance even agreement is not made regarding that


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