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Wife filed for maintenance case after 1yr. of mutual consent divorce


15-Dec-2023 (In Divorce Law)
We already divorce on September 2016 by mutual consent but now my wife file against me for 125 Crpc unable to maintain herself .she 12th pass but not working but we already divorced by mutual and she live separately in her father home but now she asking money do I have to pay any money after we divorced already
Answers (4)

Answer #1
853 votes
As per section 125 a divorced wife (including wife from mutual divorce ) is entitled to obtain maintenance till the time she has not remarried . The right to maintenance ceases only after her remarriage .
Answer #2
932 votes
Dear Sir,
Your queries can only be answered once we go through the decree of divorce. The terms on which you were granted divorce will determine whether your wife is entitled for maintenance or not. Thanks..
Answer #3
756 votes
Even after divorce, husband is liable to pay maintenance till she remarry other as per Hindu Marriage Act. But for better advice, the copy of judgment of divorce and your complete story in details are required
Answer #4
749 votes
Yes. She has opted for the correct option. However, it is expected that in mutual consent divorce there is expected to have some settlement agreement, what were the terms, if it was expressed not to claim in future, then said proceedings u/s 125 will not lie, otherwise it will lie.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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