Child Maintenance in case of Mutual Consent Divorce

945 votes

Madam,
Wife claiming maintenance after Mutual Consent Divorce : In Geeta Satish Gokarna vs Satish Shankarrao Gokarna in this case the wife agreed, at the time of divorce by mutual consent not to seek maintenance, having receieved an amount as full and final settlement, but afterwards claimed maintenance u/s 25 HMA. The Court held her claim to be maintainable – held – Right to maintenance is a part of larger right to life and any agreement to the contrary is against public policy and pro tanto(to that extent) ineffective. Alimony and child maintenance : In most cases, the wife gets 20-35 per cent of a husband’s net taxable income as alimony. If the woman is working, she can still get maintenance if the court feels her demands are reasonable, if she has dependants or if her income is not sufficient to support the lifestyle she enjoyed while married. While mostly women apply for alimony, Hindu and Parsi laws allow even husbands to seek monetary support. Lawyers suggest if a person has made up his or her mind to part ways, the first step is to collect evidence of your claims.If a person is seeking separation on the basis of adultery, he or she should have the proof of a spouse engaging in it. There are cases in business families where a husband is a director and earns a fixed salary, say, Rs 100,000 a month. But the lifestyle he lives actually requires much more money, say Rs 800,000-10 lakh (Rs 1 million). In such cases, the court does not go by the income tax returns alone. If the wife can prove the lifestyle by attaching documents, such as car owned, foreign holidays and so on, the court can award higher maintenance. Child support is usually the responsibility of the husband. However, if the wife is also working, the court can ask both to contribute towards child support, in proportion to their income. Lawyers say when the client is a woman, they opt for a lump sum payment from the husband. This ensures safety and security of alimony. In many cases, husbands might stop paying after some time, citing different reasons. When they fight a husband’s case, they request the court for a monthly maintenance. This is because in case the wife remarries or gets into a relationship with someone, the ex-spouse can approach the court to discontinue the alimony. The child support, however, continues and cannot be stopped until the child reaches a certain age.

If you are capable of earning well and can live a happier life being separated from your spouse, the court case will only bring negativity in life and will consume time and money.

Don’t make winning against your husband the only goal in life.

Advocate Srinivasa Kudva LawRato

634 votes

If you have filed the petition for mutual consent, you will likely be setting out the terms of divorce in a Settlement Deed to be signed by your husband and you. In that Deed, you can insert clauses with regard to maintenance of yourself and of the child and you can seek permanent maintenance or monthly maintenance. Despite such a settlement, in the future, for changed circumstances, you can file another petition for maintenance of the child.

LawRato LawRato

92 votes

You can continue to claim maintenance for your daughter until she reaches 18 or starts earning. Your wife cant claim maintenance after divorce. You can include in your divorce petition what you are leaving your daughter and her mother.

Advocate Chikirsha Mohanty LawRato