Is less earningwife eligible to claim maintainance after mcd

she can put up a claim for maintenance in court saying she is unable to support herself. it is the courts discretion to increase/decrease/modify the amount. you would have to support your arguement with evidence that she is self sufficient.

sorry, she cannt claim MAINTINANCE after getting divore by mutual concent and gellint lum sum amnt. maitnce cnnt be demanded after gettng divorce by mutual concent.

tarun kalara, adv

tarunkalra12001@gmail.com

@ tarun

there are judgements to the effect where maintenance has been allowed by the court even after mutual divorce.

there is no blanket ban on maintenance after mutual divorce even with lump sum paid. the woman has a right to claim maintenance it is part of her fundamental rights. judicial pronouncements have reserved their discretion in this matter to come to the aid of the weak and needy. 

@tarun:  can you kindly post such judgements, as they will be useful for all of us here.  we all somehow believe that once MCD is settled and lumpsum is paid there is no future contests about the marriage anymore. then what is the use of a lumpsum settlement ?

@sanyam

I too heard that she is eligible after maintainance.

In my case we got MCD, lumpsome amount is paid, at that time she is not working and agredd as per MOU no future claims.

Then in future, if she says i cant maintain myself, then y could she have not asked for maintainance before????

sorry

I too heard that she is eligible for maintainance after.

In my case we got MCD, lumpsome amount is paid, at that time she is not working and agredd as per MOU no future claims.

Then in future, if she says i cant maintain myself, then y could she have not asked for maintainance before????

In one of the Shonee sir thread i have seen "if wife is previously employed or working she is not eligible for maintainance..".

My only question is "if wife is working with very less income compared to husband and during MCD no maintainance claim is made, then how come she come to court and say i am not able to maintain my self."