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In mutual divorce, is there a waivement of rights of maintenance


21-Jun-2023 (In Divorce Law)
As regards waivement of right of maintenance over each other, what exactly the rights of maintenance are there. If one of spouse, say wife was working while living with her husband and her salary is used for their living with her husband and after one year on separating can wife claim the amount of salary earned for the particular period which she contributed with her husband.
Answers (2)


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Answer #1
750 votes
Yes, she can. She will claim such amount of Salary which she spent on you as part of the Maintenance Amount, which she is entitled to claim under Section 125 of the CRPC, 1972. However, whether she will get such Maintenance Amount or not depends upon your economic status and her economic status and respective salaries of you spouses
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Advocate Pankaj Bajaj

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Answer #2
663 votes
the Hindu Marriage Act, the parties to a marriage might file a petition for dissolution of marriage, by decree of divorce by mutual consent, on the ground that that they have been living separately for a period of one year or more, and that they have not been able to live together
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Advocate Ashwini Deshmukh Salunkhe

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