Alimony in case of mutual divorce

Divorce by mutual consent happens in two stages: 1st Motion and 2nd Motion. Both the parties agree on a fixed amount and then one party pays a portion of the agreed amount when the Petition for First Motion is listed for hearing before the Judge. After six months the Petition for Second Motion is filed and the remaining amount is again paid in the court by one party to the other party. After that the Judge records in the order that the entire payment has been made by one party to the satisfaction of the other party and only then he grants the Divorce Decree.

Once the divorce has been granted then no further payments are to be made. That’s why in mutual consent cases the amount that is to be paid usually is in lakhs or crores. Whereas in case of monthly maintenance or alimony the amount is usually in thousands.

In case of mutual divorce, alimony and maintenance are usually decided mutually between the husband and the wife as a condition of divorce. You and you husband can mutually decide a amount as alimony and incorporate the same in the mutual divorce petition.

however, as far as maintenance is concerned, if the divorce petition or the settlement agreement do not bar future maintenance, then you can file a petition seeking maintenance in future as well.

Yes, if you are filling mutual divorce under 13B, you will be required to furnish the details of full and final settlement which is mutual agreed by the other spouse in the affidavit. If the parties do not reach to an agreement on alimony, then court can send the case to mediation as well.

Depends on your term and conditions agreed for mutual divorce. If you relinquish your right than you won't be able to claim it afterwards. It is suggested that you take one time payment at the time of mutual divorce.