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Mutual Divorce no child Alimony declaration


14-May-2023 (In Family Law)
Hi Me and My Wife decided to go for Mutual Consent Divorce. We have no child. My wife is fixing one lawyer.. My wife did not talk anything on alimony or maintenance in front of me My question is Where she will declare the alimony/maintenance amount. will it be declare on file petition.
Answers (3)

Answer #1
828 votes
Sir it is better you first ask a draft copy of the petition and verify with your lawyer and see that regarding maintenance and alimony she has mentioned that she does not require any maintenance or permanent aliomny and she can maintain herself and will not claim any maintenance or permanent aliomny or claim any movable or immovable property from you in future. And no party has any claim against each other. if this things are mentioned then you can move forward for filing of maintenance case.
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Answer #2
885 votes
Dear Sir,
In many cases without alimony mutual consent divorce had happened. The said alimony will be stated in the Memorandum of Understanding which will be attached to the mutual divorce petition being filed under Section 13B of Hindu Marriage Act.
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Answer #3
990 votes
In mutual consent cases, although only one petition is filed both parties may have different lawyers to safeguard their interests. The statement about Alimony can be in the Petition itself, or she may bring it up later during Mediation seasons. If you have discussed that no alimony is to be given, you can enter that into the Petition itself that the Wife shall not claim for Alimony at present nor in the future and thereby bind her to it.
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