Query regarding maintenance amount

In a mutual consented divorce,when does a spouse start paying maintainence amount ? Is it after the second motion and final judgement? My spouse has been insisting that the payment has to be done just after first motion. Our second motion would happen in july .2018. Thanks in advance

Answers (4)

180 votes

It is upto the discretion of the court for the payment of the maintenance amount if it is paid in instalment. But if you want to know about the alimony which is one time payment that is only after the second motion is done.

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300 votes

In mutual consented divorce, no maintenance is need to be paid as per the law and that is why it is mutual consented divorce. there is only one time settlement between the parties which is again purely on the wisdom and understanding of the parties wherever and at what amount they get settle. schedule to make payment is also to be decided by the parties only. so there is no scope of any ambiguity left in these kind of cases.

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298 votes

Hi, I hope that you are doing great! The question of paying maintenance under a divorce for mutual consent comes only after a divorce decree is passed and, therefore, there is no question of paying it before that unless there is a court order for the same.
Maintenance is paid by a husband to her wife only after a decree/judgment of divorce by the court. That decree for divorce decides whether the divorce could be granted or not. Under S.13B of the Hindu Marriage Act, 1955 a divorce by mutual consent is granted by the court only after the first motion/presentation of the petition made by both the parties to the court and not earlier than 6 months or later than 18 months from the date of first motion, on being satisfied and after hearing both the parties that the marriage has to be dissolved.
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. In contested matters, the court intervenes and decides the issue of alimony/maintenance on the merits of each case.
You do not need to worry! I hope that it answers your query. Have a nice day!

99 votes

It depends upon the agreement you have entered into with your spouse. If you have agreed to pay maintenance during the pendency of the mutual consent divorce process, you have to pay it then, otherwise no.
PS: It is not feasible to grant any legal advice on this question without going through your agreement.

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