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PAL (software engineer)     05 August 2013

Regarding maintanance

Dear sir, thanks for your replies. Now I received the order from the court. I am Petitioner 1 and she is P2. This petition filed under section 13(B) of Hindu Marriage Act to dissolve the marriage between the parties by mutual consent by decree of divorce and for costs.

The following (few thing only I am mentioning) is thethe brief averment of the petertion are as fllows

1.  Both the parties hereby declared that the said marriage between them was not consummated till date and they want to break their relationship as wife and husband by dissolving their marriage through the court.

2. "Both the parties hereby restrained to file any cases viz., civil and criminal cases against each other with regard to the above said marriage in any manner whatsoever and all the claims are hereby setteled between both the parties and both the parties hereby restrained to further claims against each other and both the parties have agreed to bear their own costs for getting of decree of divorce.

Sir, now tell me will she have rights to go for court asking maintanance at later stage of her life.  We are worried about this.

Hence the suit.



Learning

 6 Replies


(Guest)

NO. She cannot go.

PAL (software engineer)     05 August 2013

Also in the order it is given that

This petition is coming on this day for final hearing before me in the presence of Sri----------- and Smt -----------, advocates for petitioners and having stood over for consideration this court doth order and decretal order:

1) that the marriage of the 1st petitioner and the 2nd petitioner is be and hereby dissolved with mutual consent by way of decree of divorce; and

2) that there be no order as to costs.

I am bringing these to your notice bcz my knowledge on this is completely nill.  Hence I request you to give your view regarding maintanance in future.

Thanks

adv.raghavan (Advocate,9444674980)     05 August 2013

your marriage is dissolved and she cannot claim maintanence hereafter from you, both of you are free from marriage bond.

PAL (software engineer)     05 August 2013

Sirs

Many Thanks


(Guest)

2. "Both the parties hereby restrained to file any cases viz., civil and criminal cases against each other with regard to the above said marriage in any manner whatsoever and all the claims are hereby setteled between both the parties and both the parties hereby restrained to further claims against each other and both the parties have agreed to bear their own costs for getting of decree of divorce.

 

The above point gives clear indication of No claim of maintenanace in future,if she do also then you can take action against her on the account of breach of trust and agreement.

Adv k . mahesh (advocate)     05 August 2013

once the marriage is dissolved by a decree then she loose the right to claim any maintenance from you side 


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