Mutual divorce
preet
(Querist) 06 March 2013
This query is : Resolved
can a wife claim maintainance in a mutual divorce case if yes in whatconditions a nd if no then why is she not entitled to ask for maintaince
Raj Kumar Makkad
(Expert) 06 March 2013
Mutual means all conditions settled and without leaving anything upon the court to decide except to record the statements of the parties and to pass the decree as per statements.
If wife files an application for maintenance in such petition then the court shall have to use its power against the respondent to follow its dictate which shall be against the sense of mutual agreement hence such applications are neither moved nor are entertained.
K.K.Ganguly
(Expert) 07 March 2013
1. In MCD, all the terms & conditions are pre-settled and agreed upon by both the parties which the Court records & grants the decree of divorce based on such settlement,
2. When the Divorce has already been agreed by both the parties on mutually settled terms, then question of further claim of maintenance does not arise at all. Such claim/demand should have been put forth before as a condition for the MCD.
R.K Nanda
(Expert) 30 April 2013
state real facts.
