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Mutual Consent Divorce Case | Maintenance


16-Nov-2023 (In Divorce Law)
We are Hindu family and don't have kids. Wife has self bought 1 BHK house in Mumbai Suburbs on EMI-Own Asset. Earns through Rent from Mumbai House. Works at global company and earns in double digit 7 Figure Salary. Her father has 2 houses and 5 retail shops in hometown. Que 1 After having assets and earning potential- can my wife still claim alimony? Question 2: Myself & Father are financing a house- We have receipts/transaction details- Can she claim right on the house.?
Answers (2)

Answer #1
864 votes
Well, if you need Mutual Divorce, then, she will ask for Alimony as per her own whims and fancies. But, if you can wait and contest Unilateral Divorce, then, we can bring your Wife to negotiating table, either you have to pay very less amount of alimony to your wife compared to what she is asking today or legally, as per the law, she will get no maintenance, on proving before the court, that, she is financially secure and an independent woman.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #2
815 votes
If you and your wife are deciding to go for mutual Divorce, you both have to decide whether she will be receiving any maintenance from you or no. In mutual Divorce, the parties have to themselves decide about all the terms and conditions. Talking about maintenance, although she is capable enough to maintain herself, she can still claim maintenance from court if you go for a contested divorce. It is always better to go for an uncontested or mutual Divorce since issues relating to marriage such as maintenance, property division, child custody etc are decided beforehand. Answer to your question 2: No, she cannot claim share in that house.
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Advocate Rahul Mishra

Adv. Rahul Mishra

LawRatoMumbai | 200+ Answers
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