Got divorce through mutual consent 1 year ago wife asking maintenance

891 votes

she cannot claim any maintenance now since there is a declaration in the memorandum of settlement signed by you prior to filing of the first motion. please check your memorandum of settlement, there should be a clause which says that both parties have no rights against each other.

Advocate Ankita Patnaik LawRato

906 votes

If you agree to the terms of maintenance amicably in your agreement and thereafter agree to give her maintenance 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 maintenance to her.

No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be from her husband under this section which is 125 CrPc if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.

Three best useful conditions for you:
Firstly, because the petitioner got divorce by mutual consent and thereafter she is residing separately by mutual consent. Secondly, she accepted a lump sum maintenance as final settlement and that stands paid. “After divorce by mutual consent and when the parties are residing separately and lump sum maintenance as final settlement has already been accepted, petitioner-wife is not entitled to maintenance.”
Thirdly, you have to go through the order passed by the judge for your divorce if it is anywhere mentioned about payment of alimony/maintenance then you have to see the time-frame mentioned otherwise if not then your ex-wife claim under 125 CrPc is not maintainable after 1 year seeking for the same.

So, if it is mentioned in the terms of your MCD(maintenance) filed that time she is entitled, otherwise she is not. One more thing you have to determine that whether you have paid any amount as monthly or full time payment if not then it is probably not mentioned in the petition that time later on she cannot claim after divorce because she herself left and got separated for more than one year.

''JUST GO THROUGH THE TERMS & CONDITIONS OF YOUR ORDER AGAIN''

Advocate Pratyush Raj LawRato

898 votes

Yes she can but I didn't got your query clearly it will b better if you xplain it to me ... on call or you can meet me at my chamber
In Tis hazari courts
You can consult me for further assistance regarding your case

Advocate Shruti Bhardwaj LawRato

818 votes

No she cannot ask maintenance from you post divorce. This is a false frivolous case being filed to extract money from you. Do not fall in this trap. Request to kindly contact an advocate to help you in this.

LawRato LawRato