I have filed for Mutual Divorce. Can I claim alimony ?

873 votes

No. if there is a contention in the mutual consent petition that " there is no claim from each other" then the question of permanent alimony dose not arise. But even though the same was discussed during the mediation or conciliation time, then it was the choice of the party to give alimony. Other wise "No."

Advocate M Lakshmikanth Arya LawRato

923 votes

Husband's liability arise only when he so agrees but court cannot insist for it. Consent by wife normally will be offered only on payment of lumpsum alimony. If you are not willing you can reject such for such mutual consent.

Advocate Kishan Dutt Kalaskar LawRato

825 votes

As you have already filed mutual consent you could have asked the amount of alimony before filing only, any how its not late file an application in court to grant permanent alimony, and agree for divorce only if your husband is ready to pay maintenance, or withdraw your consent and file maintenance petition under 125 crpc.

Advocate Bharat Narasgouda LawRato

686 votes

Divorce give right to remarry or to be a bachelor. Even if married after the decree of divorce, it does not amount to an offence of bigamy. He would be under no obligation or duty bound to perform the matrimonial duties as a husband to his ex- wife. But the husband is duty bound under the law to maintain a divorced wife, if she is incapable of maintaining herself out her earnings. During mutual consent wife must not give-up her right to claim maintenance. Good Luck.

Advocate Chandraiah LawRato

906 votes

Question: Is the husband liable for alimony when divorce is filed on MUTUAL Consent in hindu undivided family?

Response --- Yes he is liable - you can claim alimony from your husband

--- Advocate C V Srinivasa

LawRato LawRato