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Maintenance/Alimony after 3 years of mutual dicorce
14-Jan-2025 (In Divorce Law)
Can I ask for maintenace /alimony after 2 years of mutual divorce .No alimony/maintenance was asked during divorce .nHusband is not working but taking care of 2 children.
You can not ask anything beyond the terms of your mutual divorce as the same is a consent decree and non assailable. However, children have their independent right to claim maintenance and they can do so. For any further clarification feel free to contact
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Adv. Bhawana Pandey
Delhi | 900+ Answers
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No. You cannot claim any alimony and maintenance for yourself, as during the mutual divorce you have wilfully agreed to the terms and conditions of the settlement agreement and there can be no claims beyond that.
However, if your husband is not providing enough for your children then you can file for maintenance for them as the children have their independent right to claim a maintenance.
For any further assistance please feel free to contact
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Adv. Jia Kapur
Delhi | 200+ Answers
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As per Indian law, maintenance or alimony is generally finalized during the divorce process. Since no alimony/maintenance was claimed at the time of the mutual divorce, it becomes challenging to demand it afterward unless there are exceptional circumstances.
However, Section 125 of the Criminal Procedure Code (CrPC) provides a remedy for claiming maintenance, even after divorce, if the spouse is unable to maintain themselves. The following points are relevant:
You can file a petition under Section 125 CrPC for maintenance if you are financially dependent and unable to sustain yourself.
The husband's inability to work will be considered, but if he owns assets or has potential sources of income, maintenance can still be granted.
The fact that he is taking care of two children might affect the quantum of maintenance awarded.
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Adv. Rupal Dwivedi
Delhi | 50+ Answers
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Yes, the court in such cases may grant relief based on your financial situation and other facts and circumstances of the case. However this is not an absolute right and relief would be dependent on the factual matrix.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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It depends. Since the divorce was granted on the basis of a settlement agreement, you cannot out rightly claim maintenance after 2 years; but if possible, the agreement may be interpreted in such a manner that a way could be found. Feel free to reach out for further help, if required.
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Adv. Vidit Agarwal
Delhi | 25+ Answers
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