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Paid lumpsum after mutual divorce can she again ask for maintenance


12-Feb-2023 (In Divorce Law)

If divorced wife is eligible for maintenance though she is divorced through mutual consent and it is against public interest to take in writing from her that she will not demand maintenance in MOU according to supreme court. Then if I paid her lumpsum after mutual divorce can she again ask for maintenance under crpc125 in future if she remains unmarried?

Answers (2)


LawRato

Answer #1
663 votes
Hi When a couple gets divorced by mutual consent, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between them. In such cases, alimony/maintenance could be paid by either the husband to the wife or by the wife to the husband subject to the mutual understanding between the couple. The court passes the decree of divorce on terms agreed between the couple. The decree binds the couple and is capable of being enforced by the court. Once a lumpsum amount is paid as maintenance and that too by mutual consent, then the wife cannot claim maintenance under Sec 125 of Cr PC.
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Advocate Rajagopalan

Adv. Rajagopalan

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Answer #2
593 votes
hi .here it depends you are governed by which law. if u are a muslim then once divorced wife cannot claim maintenance because a wife cannot claim for maintenance .but she can claim for maintenance for children. but if u are governed by any other personal law then it depends. but in case of divorce by mutual consent u do put in writing that she dont have any futher/future claims from u and your family in matters of money or any share in property in this way your purpose will be fulfilled .
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Advocate Syed Yakoob Zainulabedin

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