Can wife file maintenance and lumpsum alimony after getting divorce
sanjay
(Querist) 13 December 2013
This query is : Resolved
sir, can you clear my doubt that we got divorce through bangalore mediation center in which both of us sign on agreement for divorce without any maintenance and lumpsum alimony given to her. and got divorce on nov 13. (i)can she file petition against alimony or maintenance?
(ii) is my divorce can be challanged within one month??
(iii) if she will not leave my homee what should i do? as yet i didnt get certified copy from court
please suggest me sir/??
Devajyoti Barman
(Expert) 13 December 2013
1.yes if she remains unmarried.
2. not likely since it is mutual one.
3. you have to file suit for eviction.
Dr J C Vashista
(Expert) 14 December 2013
a)She has no right to file petition for alimony or maintenance, if she has already agreed at the time of parting ways (MCD) without claiming any alimony for the present, past and/or future, it will have to be seen from the agreement/statement made in the court.
(ii) The mutual divorce is final and can not be challange, if challanged, it would not survive.
(iii) If she donot leave your home and you didnt get certified copy from court, inspect the file, take down copy of order, call the police and throw her out.
Devajyoti Barman
(Expert) 14 December 2013
WELL EVEN AFTER MAKING STATEMENT FOR NOT CLAIM MAINTENANCE IN MCD, THE WIFE CAN CLAIM MAINTENANCE.
The supreme court has made it quite clear by series of decisions that legal rights can not be waived.
In similar situation the wife claimed maintenance even after passing mutual decree which the supreme court affirmed that she can even if she stated not claim in future.
ajay sethi
(Expert) 14 December 2013
agree with Mr burman
Guest
(Expert) 14 December 2013
Well advised by Shri Barman. Legal liability should not be treated as extinguished without their discharge.
Rajendra K Goyal
(Expert) 14 December 2013
Well advised by the expert Expert Devajyoti Barman.
sanjay
(Querist) 14 December 2013
Thanks all of you sir,Mr. Burman sir, what is the use of that word or sentence in agreement during divorce??.she had agreed on that sentence and after some time she change what its meaning of agreement. please suggest me sir and please share that section of supreme court. thaks of you sir.
T. Kalaiselvan, Advocate
(Expert) 14 December 2013
Mr. Barman and Dr. Vashist have advised very correctly on the subject. To clarify your latest query;
what is the use of that word or sentence in agreement during divorce??.she had agreed on that sentence and after some time she change what its meaning of agreement.
It means even if she has reiterated at the time of divorce proceedings that she will not claim any amount towards maintenance or alimony in the future if she changes her mind and claims once again - thereby it will not be considered as a breach of contract etc., she will still be eligible to claim alimony.
sanjay
(Querist) 14 December 2013
Thanks mr. T kalaiselvan sir, but if u see the statement of Mr. barman and Dr. vashist both are controversial to each other. on which statement i believe ,plz clarify.thanks sir.
Raj Kumar Makkad
(Expert) 14 December 2013
You should believe upon the advice of T. Kalaiselvan.
