Deepak Aggarwal 08 February 2020

child maintenance

we filed mutual consent divorce.in which x amount dd given to wife and y amount to child.
now I am confused
can my wife and minor child can ask for maintaince even after getting permanent alimony.

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6 Replies

Deepak Aggarwal 08 February 2020

how can I avoid any future demand , by writing in divorce papers

Adv Deepak Joshi +917017821512 (Advocate) 08 February 2020

facts are not enough to advise, moreover due to change in circumstances she and child may ask. Any thing conclusively can be said after knowing complete facts of case.

Joy Bose 08 February 2020

Hello,

The Bombay High Court in the case of 2012 held that,

Once a woman has claimed permanent alimony as well as maintenance of her child from husband as a divorce settlement, she cannot claim more money for the welfare of the child.

"When a party chooses to keep the custody of the child and consents for full and final settlement in the interest of the child, that party must presume and see the consequences of the custody and apply for whatever amount that he or she needs to that end.”

So, the women cannot claim any kind of maintenance from the husband after permanent alimony.

Feel free to ask any further question,

Regards

Joy Bose

2 Like

Deepak Aggarwal 08 February 2020

thanks sir

1 Like

ANAMIKA VICHARE (LAWYER) 17 February 2020

No once decided finally n decree takes place on mutual consent, your wife cannot ask for maintenance, But my suggestion is that you pl take out mediclaim cashless policy every year for your child n if possible for your wife.

Anamika vichare

917506552608

further questions give miss call