How to avoid alimony in divorce by mutual consent

975 votes

The terms of the mutual consent is mutually agreed between the parties and if your wife does not want any alimony from you then you could put it in your petition. There is no necessity to pay the alimony if she is ready to waive her right. If she insists for the alminony then try to amicably settle it by yourself by talking before filing mutual consent. The court would not enter into the question of alimony in case of mutual consent.

Advocate Vasavi Sridevi Sivanandam LawRato

871 votes

Hello,

In your case at it is a mutual consent divorce, if the parties agree that there is no need to pay any alimony, you don't have to do so. You may pay a token sum towards alimony.
Your wife will have to affirm in the affidavit that she is relinquishing her right to maintenance.

Regards.

LawRato LawRato

796 votes

Hi,

Alimony is an integral part of matrimonial proceedings. However if your wife decided to part ways without taking a pie in view of her earning potential. Then DMC can be filed without alimony. She should not renege from her promise.

Advocate Rajaganapathy LawRato

669 votes

Once you have decided to file for divorce by mutual consent, then you can agree to all the terms & conditions. You need not pay any alimony/maintenance unless your wife wants it. In that case you have to bargain with her and come to some agreement. Thereafter you can file for divorce. If you are in Chennai and need any further assistance then you can contact me. Kindly contact me for a detailed discussion, so that I can give you a clear advice and further guidance.

Advocate Suchit Palande LawRato

723 votes

Sir,
If you don't want to pay maintenance to your wife and if your wife also had given consent for it you can very well mention the same in the mutual divorce petition. As for Supreme court verdict, 'a wife is a wife for the purpose of claiming maintenance ever after divorce'. But here in your case your wife is earning member and that situation will not come to you and better you consult your advocate for better remedy.

Advocate B. Thirunavukkarasu LawRato