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Can I ask for alimony during cooling off period in mutual divorce case


05-Apr-2023 (In Divorce Law)

can I apply for alimony while applying for mutual consent petition I have not asked alimony now the court has given six months time so there is a chance of applying now

Answers (4)


LawRato

Answer #1
569 votes
no you cant ask now during this period. the six moth time given if possible to patch with your relation. in this period if you are not claimed any alimony in mutual consent now you cant rise new ground. you can seek only filing amendment application to the mutual consent petition seeking alimony.
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Advocate Govindaraju K

Adv. Govindaraju K

LawRato Bangalore / Bengaluru | 5+ Answers
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Answer #2
639 votes
yes of course you can move a petition for maintenance under section 125 of the CRPC seeking for monthly maintenance or you can file a petition under Domestic violence Act seeking for residence and for alimony
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Advocate Janardhana

Adv. Janardhana

LawRatoBangalore / Bengaluru | 5+ Answers
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Answer #3
627 votes
why you did not ask for alimony at the time or before filing of the consent petition, and that even during the course of proceedings before the Hon'ble court in the said mutual consent petition you can claim alimony if you are entitle to
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Advocate Nagaraj S

Adv. Nagaraj S

LawRatoBangalore / Bengaluru | 5+ Answers
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Answer #4
625 votes
Even in Divorce by Mutual Consent, alimony can be claimed. You can seek alimony when the case is called after the 6-month period. When the case is called, your Advocate can make a submission that you are seeking alimony and proceed accordingly.
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