maintenance through mutual divorce

Question

maintenance through mutual divorce

16-Jul-2025 (In Divorce Law)

Can a woman claim maintenance after staying together with her husband for only six months, and if the husband refuses to pay maintenance during a mutual consent divorce, what legal remedies are available to her?

Answers (5)

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Advocate Adarsh Kumar LawRato · Accepted Answer · 2025-07-16T13:36:55+05:30

Answer #1

Yes, a woman can claim maintenance even if she lived with her husband for only six months, provided she has no sufficient means for livelihood. Under Section 125 CrPC or Section 24 of the Hindu Marriage Act, she can seek maintenance. If the husband refuses to pay despite agreement in a mutual consent divorce, she can approach the family court for enforcement of the agreement or file a fresh petition for maintenance. Non-payment can lead to execution proceedings, and even imprisonment in some cases.

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Advocate Ishan Parashar LawRato · Accepted Answer · 2025-07-16T15:04:40+05:30

Answer #2

You can definitely ask for maintenance even if you were married for just 1 day. If the husband refuses to pay it then file an application in court to grant it. Additionally you can definitely insert it in the T&C of mutual divorce agreement. If you have any questions, feel free to contact me.

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Advocate Anuj Goel LawRato · Accepted Answer · 2025-07-16T15:23:48+05:30

Answer #3

Hello I cam understand the pain you are suffering. Here is an answer for your query A woman claim maintenance even after mutual divorce. She can approach the court under section 125 CrPC and then court will decide after seeing yoiur salary. Thank You

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Advocate Preena Kashyap LawRato · Accepted Answer · 2025-07-16T16:12:26+05:30

Answer #4

Yes a women can claim maintenance even after staying 6 months with her husband. If a divorce petition has not been filed yet then a settlement agreement needs to be executed between the parties. There has been several judgments by the upper courts where a husband cannot refuse to maintain his wife.

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Advocate Jitender Singh LawRato · Accepted Answer · 2025-07-16T17:12:03+05:30

Answer #5

In mutual consent divorce everything is according to the mutual decided and it's advisable for both the parties to write down all the terms and conditions of the alimony and maintenance in the form of settlement deed. For more legal assistance I am just a call away.

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