Wife claiming alimony after 14 months of mutual divorce

992 votes

In case a decree of divorce by mutual consent has not been granted till now, she can claim alimony and can even withdraw from the terms of settlement, if any. In that case, she is not entitled to keep any amount handed over to her during the first motion. In case, she has signed that she doesn't want any money, still she can change her statement and the settlement agreement would get frustrated. the question of how much maintenance has a very wide scope. it depends upon the standard of the parties, the income and other factors as well. In case she is can earn and is not doing so, a negative inference would be drawn by the court however that is secondary,

Advocate Jiwan Pal Singh LawRato

950 votes

She is not entitled to any amount. once she has herself surrendered her right to maintenance while taking a mutual consent divorce. Now she is not your wife therefore you don't have to maintain get.

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LawRato LawRato

781 votes

Hi. If the divorce by mutual consent has been granted by the court and she has specifically mentioned that she does not want any alimony or maintenance, she cannot claim any amount from you. However perusal of the divorce decree is necessary to confirm the said stand. I need to see the divorce decree first to confirm my stand.
Regards

Advocate Yashpreet Singh Saini LawRato