Is it compulsory to give alimony in mutual divorce cases

301 votes

In mutual consent divorce cases, the concept of alimony or maintenance depends on the specific agreement reached between the parties involved. The court does not typically intervene or require one party to provide alimony to the other in mutual divorce cases, as the divorce is being sought by mutual consent and the terms are agreed upon by both parties.

In a mutual consent divorce, the spouses have the opportunity to negotiate and decide the terms of their separation, including issues such as alimony, division of property, and child custody, among others. They can enter into a settlement agreement that outlines these terms.�

Alimony or maintenance is usually awarded in cases where one spouse is financially dependent on the other and requires financial support after the divorce. If both parties agree that no alimony or maintenance will be provided by either spouse, the court will generally respect their decision. On the other hand, if the wife asserts her right to alimony and makes specific demands for the same, insisting on it to be recorded in the terms of settlement preceding such divorce by mutual consent, then the court would have to oblige as such decree in such kind of divorce can only be granted upon consensus.

So, it is not compulsory to give alimony in cases of mutual divorce in India if the other party has waived their right to the same as part of the settlement agreement preceding such divorce.

LawRato LawRato

997 votes

terms of the mutual consent is mutually agreed between the parties and if your wife does not want any alimony from you then you could put it in your petition. There is no necessity to pay the alimony if she is ready to waive her right. If she insists for the alminony then try to amicably settle it by yourself by talking before filing mutual consent. The court would not enter into the question of alimony in case of mutual consent.

Advocate Meera LawRato

540 votes

It depends on mutual agreement, what you want to part with and also on the discretion of the court. In case of alimony, it is deliberated that the standard of living cannot be maintained by either of the spouse and seek alimony. The process is to reach out to settlement and come into mutual consensus. Hope this clarifies.

Advocate Revathi Vivek LawRato

800 votes

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

Advocate Dhanashree V. LawRato

161 votes

In a mutual divorce, the spouses mutually agree upon the terms on which they wish to dissolve their marriage. Therefore, there is no mandate or compulsion on one spouse to provide alimony to the other, so long as both spouses are in agreement upon the terms of their settlement. For this reason, even courts do not ordinarily interfere in the decisions arrived at between the spouses on issues such as alimony.

Advocate Chikirsha Mohanty LawRato

444 votes

The Supreme Court has set the threshold for alimony at 25% of the net income of the former spouse. The Supreme Court also ruled that a former spouse should receive 25% the net income of their ex-partner in order to lead a dignified and happy life.

Advocate Chikirsha Mohanty LawRato