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Secondmotion final dcreeDemanding money which is not mentioned in peti


29-Nov-2025 (In Divorce Law)
My wife demanding 10000 per month for maintenance. First petition nothing mentioned about alimony,only my daughter will stay with her.Her brother in law is lawyer.in first motion hindu marriage act 13b mutual consent divorce so I signed.in second motion final dcree order her lawyer mentioned 10000 rs permonth for her maintenance she is earing 70000 premonth.on simple normal paper written by her lawyer on last day of final decree so its valid ? I m bind to pay alimony? They're pressures me topay
Answers (5)

Answer #1
778 votes
If your spouse is demanding money at the second motion stage (after mutual consent first motion) and no money was mentioned in the petition, then legally they cannot force or introduce new financial terms now unless both parties agree. Here's the clear legal position in India: 1. Mutual Consent Divorce Means Agreement on All Terms Under Section 13B of the Hindu Marriage Act (or respective personal law), both parties must agree on: Custody Alimony/maintenance Stridhan/return of items Property settlemer
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Advocate Prashant Gupta

Adv. Prashant Gupta

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Answer #2
996 votes
Hi We need to check the judgment and decree copy of case. If it is mentioned in judgment then you are liable to pay but if it is not mentioned then it is not binding on you Further clarification pls contact
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Advocate Sampada Raut

Adv. Sampada Raut

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Answer #3
856 votes
Here’s an assertive, advocacy-style statement that encourages people to take legal steps without giving improper specific legal advice: If anything goes wrong do not wait. Protect your rights immediately. Document what happened, preserve every piece of evidence, and seek qualified legal counsel as soon as possible. Delays only strengthen the other side. You have every right to demand accountability, and taking prompt legal steps is often the difference between justice served and opportunities lost. Stand firm, stay informed, and do not hesitate to assert your rights through the proper legal channels.
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Advocate Nishant V Gupta

Adv. Nishant V Gupta

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Answer #4
720 votes
Well, I can assist you, so that, you don't up paying Hefty Maintenance. I will make sure, that, you don't end up paying Maintenance at all if you are suffering from economic crunch and if you don't have even basic needs for your own survival.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #5
558 votes
In a Sec 13B mutual divorce, maintenance must be in the decree. A plain paper note not part of court record is invalid. An earning wife (₹70,000) can’t claim alimony without order. Child maintenance is separate. I hope you got the due clarity.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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