Can alimony be asked for in a mutual consent divorce

Can Alimony be asked in a Mutual consent divorce? Is yes can it be filed at this stage? Second hearing on 11/11 husband may not come. How to compel him? What if he never comes in 18 months for signing the Consent? Can a mutual Petition be converted to contested ?


As per Hindu Marriage Act, the consent of both parties with regard to the terms and conditions of divorce is mandatory. Alimony or maintenance also form one of the most important terms within a mutual consent divorce. As far as your case is concerned, you can claim maintenance and the amount for the same must be decided upon by you and your husband.

In case your husband does not appear for the second motion within 18 months of filing the divorce petition, then your divorce petition shall be rejected by the court.Hence, in such a situation you can file for a contested divorce.

Answers (2)

Yes you can claim it. while filing stage it need to clarify and verify by affidavit.
If husband never came then decree is awarded in your favour. If he never came for signing it then there is no divorce .

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Dear client u can ask alimony in mutual divorce also. If yr husband not come on second motion then or within 18 months then yr mutual divorce will be rejected. U have to file contested divorce. For any legal help call me

Adv prasad patil


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