Regarding maintenance

if it is a MCD mutal consent divorce, she cannot contest the  divorce order, when she cannot contest the divorce order she cannot  contest the maintainence also.if both of u have mentioned  the same in the court at the time of MCD  and if court had accepted it.

@ Pal If she can prove change of circumstances, thereby proving that she is unable to maintain herself, she can claim and get maintainenance under crpc125 till her remarriage. Regards ASHOK

Sir,

Thanks for your reply.  she is well educated, young.  Even in this case is it possible?

Very much possile, I would say!

@ querist,

If all the details of settlement regarding maintenanace and no interference is mentioned in MOU and MCD has been done,then no question of additional money in future. She can claim but can't achieve as you can dissolve her pettition based on MOU.

its all depend on what is written in MOU. and MCD.

@ PAL Honble SC has ruled that any civil contract like MOU of MCD can not over rule social legislation like Crpc125.

So  if at any point of time before her remarriage she is able to prove in  court that she is unable to maintain herself she will be granted maint under crpc 125 irrespective of terms and conditions of MOU.

Regards ASHOK

@ Ashok srivastava,

Could you plz provide such judgements.......

As far as 125 cr pc is concerned it is valid for the women,child,parents who is not able to manitain herself/himself.

But as above MCD has been done trough proper settlement and agreed for non alimony or maintenanace in future,then how come it will be ruled.

If divorce through 13I(A) is done then she can claim the maintenanace under change of circumstances as the final 25 hma has been already given.

In this divorce there is no mutual settlement of alimony or any agreement of non asking of maintenanace has been signed,it has been decided by the court by keeping all the financial,educational and social status of both husband and wife.

Thanks,

A sufferer......