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How can my ex- wife claim maintenance after mutual consent divorce ?


28-Oct-2023 (In Divorce Law)
I had taken a mutual consent divorce and decree in the family court,I had paid 10 lakhs for full and final settlement,and there by removing the 498crpc,D.V act. The petition was filed u/ or.23 R.3 CPC.both parties agreed that they would not file any case either civil or criminal against each other.but now she has filed a case on maintenance.what are the best answer by me to get judgement in my favour,plz help me out.
Answers (3)

Answer #1
651 votes
Please send the 23/3 application filed before court. If mutual consent divorce was filed and the second motion has also been completed, the divorce has become final on the terms on which settlement has been reached. In such circumstances any further case against you cannot survive. However I will have to see the mutual divorce petition/orders and compromise application
Advocate Nupur Kumar

Adv. Nupur Kumar

LawRato Delhi | 25+ Answers
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Answer #2
874 votes
Hi, many details in your mail are missing as when the divorce on mutual consent was decided and what much time is lapsed till date. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Advocate Ganesh Singh

Adv. Ganesh Singh

LawRatoDelhi | 5+ Answers
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Answer #3
674 votes
Sir,
Before answering this query, it is important to see the terms of settlement and the subsequent proceedings. A right, if it has accrued, may be waived by the consent of parties.
The rest can be discussed when we meet.
Abhinit Das,
Advocate
Advocate Abhinit Das

Adv. Abhinit Das

LawRatoDelhi | 5+ Answers
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