Right to claim maintenance in case of mutual divorce

559 votes

It is not mandatory to have marriage certificate for filling mutual consent divorce petition.
Maintenance amount is decided mutually by both parties before applying for mutual consent Maintenance amount is not decided by court in mutual consent divorce petition.

Advocate Manoj Parve LawRato

805 votes

Hi,
As per your query marriage certificate is not essential for filing divorce or Mutual Divorce and yes their are chances that wife can ask for maintenance amount even if you both call for Mutual Divorce.
For further query please feel free to contact me.

Thank you
With regards
Adv fazil chowdhary.

Advocate Fazil Choudhary LawRato

619 votes

This is my response to you:
1. No if you do not have the documents then marriage photos and the invitation cards are enough;
2. The wife and her lawyer and definitely going to ask for maintenance;
3. You and your lawyer can reduce the same with negotiation.

Advocate Gowaal Padavi LawRato

798 votes

Dear querist, it is not mandatory to have a marriage certificate for filing a Divorce Petition if it is not available. In case of Mutual Petition, the parties have to decide by themselves about the maintenance or exchanges whatever it may and should be stated in the Consent Terms which will be a part of Mutual Petition, and Hon'ble Court will consider the same and accordingly pass a final Judgement. Therefore it's upon the parties to decide the maintenance whether the wife wants or not or if she wants how much it will be and if agreed the same should be stated in the Consent Terms.

Advocate Dhananjay Ravikant Gangawane LawRato