can my wife claim maintenance later after mutual divorce granted
Me & my wife have agreed to get a mutual divorce through sec 13 b of hindu marriage law, on terms if I return the gifted items or money. How to give the money back legally so she don't deny that later? And I also want to know is there a legal way (law/rule) to get rid of alimony and maintenance after divorce as we are getting divorced mutually. As far as I know we can enter into an agreement. But I have read a case on wordpress.com, where court said U can't stop someone from filing a case under sec 25/125 of hindu marriage act for alimony & maintainence. I beg you to suggest me the best.
Answers (2)
If you agree to the terms of maintanenance amicably in your agreement and thereafter agree to give her maitanence then she is bound by the agreement and cannot file maintenance under section 25 Hindu marriage act or Section 125 of Cr.P.C.
Accordingly in your joint petition give reference to agreement. Furthermore, if you get mutual consent divorce and you have paid maintenance and she is educated then you are not liable to pay maintainance to her.
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If you agree terms of maintanenance amicably in your agreement and thereafter agree to give you maitanence then she is bound by the agreement and cannot file maintenance under section 25 Hindu marriage act or 125 crpc. Accordingly in you joint petition give reference to agreement. Furthermore if you get mutual consent divorce and you have paid maintenance and she is educated then you are not liable to pay maintainance to her
Advocate Sudershani Ray
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Kailash Hills,
Delhi
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