Maint

Querist : Anonymous (Querist) 22 January 2012 This query is : Resolved
If at the time of divorce decree is passed , Husband has income say 20% of wife income, and wife agrees that she will not claim any maint for herself and children. In future if wife income falls even below husband income can wife calim miant in future from husband?

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Devajyoti Barman (Expert) 23 January 2012
No agreement can waive the legal right of a person.
Even if the wife waives her claim for future maintenance , she can claim anyway in circumstances of need for herself and her children provided she is remarried.

Raj Kumar Makkad (Expert) 23 January 2012
Yes. wife can claim maintenance in future whereas the right of the child is always upon father until he gets major earning.

V R SHROFF (Expert) 23 January 2012
with change of circumstances, Wife can Apply for Mtn
YES, wife can claim miant in future from husband.

Sailesh Kumar Shah (Expert) 23 January 2012
Such agreement is void.
If she demands maintenance in future, you have to pay it provided she is not remarried and children is not become major.

Deepak Nair (Expert) 23 January 2012
Wife can claim maintenance in such circumstances for herself and the child.

prabhakar singh (Expert) 23 January 2012
That means if I have a right i can not agree to forego it as it would be void???????Then all relinquishment deeds must be void. Great way to think.

However in the matter of maintenance change in circumstances allows divorced wife to re apply for maintenance provided she has not remarried and no lump sum alimony was awarded to her.

Advocate. Arunagiri (Expert) 23 January 2012
Whenever the spouse is not able to maintain them self, within their available resources, they seek maintenance from the other.

Shonee Kapoor (Expert) 31 January 2012
Maintenance and child custody can always be reopened.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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