- This topic has 32 replies, 14 voices, and was last updated 1 year, 5 months ago by
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UMy wife asked for divorce after 3 years of our marriage, so we filed for mutual consent divorce and the papers were made by her lawyer.
Currently she didn’t ask for any alimony or maintenance and nothing like that is mentioned in the petition. I want to ask if she can later in future file claims for alimony or maintenance or any financial claims after the divorce decree is finalised. She had a job before from which she resigned few months back.
Currently in the petition it is mentioned that –
“the rights and claims of the Petitioners against each other have been settled in accordance with the Settlement Deed filed herewith, and henceforth neither of the parties shall file or pursue any claims/rights against each other inter alia including claims over each other’s properties etc.”The above doesn’t specifically talk that they will not make any claims on alimony or maintenance and therefore I am a bit worried. So is the above okay so should it be amended. If amendment is needed please guide me on how it can be done as it is already filed 2 months back.
Thank you 🙏 -
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II will give you two answers. One what can happen legally and second what happens practically and statistically.
So even after condoning all her maintenance rights in mutual divorce, if your wife doesn’t get remarried in future, law permits her to file a maintenance case on you and seek maintenance provided she can’t maintain herself. In that condition you may be ordered to provide her maintenance.Now let’s talk about what are the chances of this happening. Depends on what her age is. If she is still around 30-35, there is chance she will get remarried so you will be safe. If she is a working woman or has the qualifications and acumen to work and earn, she will not ask for maintenance after divorce. Statistically, there is low number of cases where women after mutual consent divorce file cases of maintenance on ex-husbands. So you can chill and proceed with the divorce.
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UIs this not enough- “the rights and claims of the Petitioners against each other have been settled in accordance with the Settlement
Deed filed herewith, and henceforth neither of the parties shall file or pursue any claims/rights against each other inter alia including claims over each other’s properties etc.”-
UInstead use this,
Both the parties are gainfully employed, and each of them have their independent source of incomes, the party of second part declare that she has waived and shall not claim from party of first part, any past, present and/ or future alimony whatsoever from party of first part and further Party of Second Part declare that she shall not at any time claim any maintenance whether present, Interim or permanent whatsoever from the party of the First part and/or any of his assets. Further husband has agreed not to claim any amount in the nature of maintenance now or at any time in future.
Both the parties shall not claim any maintenance, alimony or compensations from each other now or anytime in future.
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UThe petition was filed 2 months back and my lawyer says no one files for alimony or maintenance after the divorce is finalised but I was not convinced. What can be done now after it is already filed in court?
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P1. The clause you mentioned should cover all claims including alimony and maintenance.
2. But without seeing the whole document, it will not be correct on my part to tell about the whole petition.
3. In mutual divorce, you can also hire another lawyer to make things easier for you to understand. It is your wish though.
Read the procedure for Mutual Consent divorce here [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
For further clarification, please feel free to contact us [https://g.co/kgs/oR6EQNq](https://g.co/kgs/oR6EQNq)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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UThank you for your reply. This is the only point for settlement and further claims in the petition. Here is the complete paragraph:
“That, the Petitioner No. I has returned the material belongings of the Petitioner No. 2 including her Stridhan etc. the receipt of which is hereby acknowledged by the Petitioner No. 2.
Furthermore, the rights and claims of the Petitioners against each other have been settled in accordance with the Settlement Deed filed herewith, and henceforth neither of the parties shall file or pursue any claims/rights against each other inter alia including claims over each other’s properties etc.”
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VLawyer here..
In. Mutual divorce never go with ‘her lawyer’.
Get the documents reviewed by your own independent lawyer.
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UYeah I got it checked by my lawyer and they say the below clause which is there in the petition is sufficient but I read online that there should be a waiver to waive off the alimony and maintenance right. But my lawyer says no one files claims after the divorce and if they want anything they would demand now and it is mentioned in the petition that “neither party shall file or pursue any claims” so he says that is enough. Below is what is currently filed and is there in the petition:
“That, the Petitioner No. 1 has returned the material belongings of the Petitioner No. 2 including her Stridhan etc. the receipt of which is hereby acknowledged by the Petitioner No. 2.
Furthermore, the rights and claims of the Petitioners against each other have been settled in accordance with the Settlement Deed filed herewith, and henceforth neither of the parties shall file or pursue any claims/rights against each other inter alia including claims over each other’s properties etc.”I am just worried what if after few years later of divorce they put up claims for alimony or maintenance.
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KIn theory people can file case even after getting alimony . If she is nice and fair person that will determine future course.
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KYou went to their house to get money back. Remeber once tiger likes human blood they want it badly so does free money. You proven yourself that you can bend to their whimps. Fight cases undefinitely but never settle. Especially when they are trying to settle using wrong cases
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UNot a lawyer. Get something adding the parties will not pursue any future claims & this stands as final settlement.
You can defend any future cases, plus try & get your own lawyer to read the final settlement. -
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