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Admissibility of Alimony/ Maintenance after Mutual divorce


10-Sep-2026 (In Divorce Law)
Mutual divorce was executed one year ago with no claim on either side. It was also mentioned that no claim will be made in future. But the wife unable to get any job to maintain her day to day life hood. Meanwhile got temporary job but now unemployed and dependent fully on retired father. Will it be prudent to file case for her maintenance or permanent alimony so that she can maintain herself?
Answers (3)

Answer #1
855 votes
The issue requires examination of the mutual consent divorce decree, settlement terms and the exact clause regarding waiver of future claims. Even where the divorce was by mutual consent with no claim, the maintainability of a subsequent maintenance/permanent alimony claim depends upon the applicable personal law, statutory provisions and the wording of the settlement. Unemployment and inability to maintain oneself may also be relevant. Therefore, a fresh proceeding should not be filed without examining the decree and settlement carefully. If you share the divorce decree and settlement terms, I can examine the documents and advise on the appropriate legal remedy and prospects of filing a maintenance/permanent alimony claim
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Advocate Atanu Patra

Adv. Atanu Patra

LawRato Kolkata | 50+ Answers
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Answer #2
885 votes
Anlegally wedded wife, as well as a divorced woman (who has not remarried), is statutory entitled to institute a maintenance petition in the first instance. Upon the passing of the order under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if she is aggrieved by the quantum or terms of the maintenance granted, she may invoke Section 146 of the BNSS to seek an alteration or modification based on a change in circumstances. Furthermore, she retains the statutory right to prefer a criminal revision petition before the higher judiciary to seek an enhancement of the order.
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Advocate Moumita Sarkar Das

Adv. Moumita Sarkar Das

LawRatoBarrackpore | 5+ Answers
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Answer #3
573 votes
Yes, she can avail maintenance. You need to prove you are unemployed and financially unstable. Must contact a good lawyer for your help. For further reference you can contact me as well. Hire a good Lawyer withi your jurisdiction.
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Advocate Sourav Bhowmick

Adv. Sourav Bhowmick

LawRatoBasirhat | 5+ Answers
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