Yes after divorce your wife can claim maintenance only upon proof of change in circumstances and if she is not living under adultery. But you being father have to maintain child and both of you can jointly pay for childs upbringing as both of you earn

You can claim maintenance from wife for child

2) wife can also claim maintenance from you in future

3) if wife is earning more than you court would not award her maintenance

Wife is not claiming maintenance as husband would be having custody of child and husband shall take care of all financial needs of child . In short father would maintain the child

Maintaining the child is your responsibility in accordance with this clause.

The clause is silent on the aspect that whether or not you can claim maintenance from your wife for the support of your child.

This clause only provides that your wife will claim nothing from you in case you discharge the liability of maintaining your child. This implies that you have to arrange the finances for the maintenance of your child.

Dear client,

After adding the above clause your wife would not be able to claim maintenance from you as she has waived her right in favour of ur daughter but that right is waived subject to the condition that the same is utilizrd for the welfare of daughter. In simple words that means so long as the daughter custody is with you wife can not claim any maintenance but if at any point of time the custody is transfered to wife somehow than she can surely claim maintenance from you.

As far as ur second issue whether you can claim maintenance the above clause is silent and i need to read the petition in toto for a better answer to your query.

Adv Khatri.

You will not be able to claim any maintenance for the support of your child from your wife, if this clause is interpreted correctly.

Answerd by Adv kavery Anand Bangalore.. dear client if u want to claim anything.. u should make settlement out of the court... Because u already filed mutual Divorce..

In my opinion.. for child welfare u ask amicably and get it done .. and get Divorce asap... Otherwise it will turn into condensed Divorce.

Pl give RATING and feedback for appreciation

Yes you can only if court orders such or else not. But i will suggest both of pay 50-50 share for childs daily needs even after the valuable and other assets are there.It will be as security of child and its for childs future

Dear,

As you are said you are also earning then on what condition you are demanding

maintenance. If you are jobless then court did not give custody of child, they give

order in wife favor.

Already clause added, no demand from wife side means wife not claiming anything

in future.

and her share of maintenance will be utilized for welfare of child.

1. Legal rights can not be waived by way of contract.

2. So irrespective of the clause if the wife remains unmarried and without job after the divorce then she can very much claim maintenance from her husband.

3. If both of you remain unemployed then you will be liable to maintain your wife whether divorced or not. However if you become unemployed and she remains employed then you will be entitled to maintenance u/s 24 of HMA.

Hello

The clause in your agreement shows that the wife is not ready to take any responsibilities regarding you or the girl.

This clause means that the wife wants that you should keep the girl.

The wife is earning more than you.therefore she cannot claim any maintenance so no need to worry.

Wife cannot state in the agreement That she will not pay any thing to her daughter as the daughter can claim maintenance even if she becomes a major and even if she is a minor, she can claim maintenance, if you do not earn that much to maintain her.

Therefore she us trying to say that she will not claim any maintenance and the amount she was to get into be utilised for the girl.

Although she is not entitled for any maintenance.

Regards

Sir since the wife is earning and she is giving up her right on the maintenance in that case she wont be able to claim the maintenance in the future wherein you are also agreeing that alternatively since she is not demanding any claim the same shall go to child though it is not restricting anywhere that you on behalf of child cannot ask for maintenance from wife.

There is no strictly written clause which says that even after utilisation if needed maintenance for child cannot be asked the clause is silent about it so a maintenance petition on behalf of the child can be filed.

No you can not claim maintenance from her. She is foregoing her claim on the ground that the same will be utilized for the daughter.

Regards

I have read the clause and have advised accordingly.

Let me know if some further clarification is required.

Regards

Sir I want to your suggestions after agreeing to this clause “will I be able to claim maintaince from her for my child in future”

You can ask your employed wife to undertake the expenses equally or at least to bear it some extent as she is also liable for the child's maintenance since she is well employed and drawing a handsome salary. You can file a maintenance case agaisnt her i through a court of law in this regard at any stage after the child is brought under your custody.

And if I claim can she claim any thing after divorce

Since she is employed, her claim may not be maintainable.

And if yes I can claim what arguments can I put in court to counter this clause

If there is an agreement between you both, the court will not interfere in it.

However you can state before court about the facts and can request the court to direct her to bear the responsibility equally.

Wife will forego all her claims on a condition that child will be in custody of husband and same will be utilised for welfare of child and in future wife will

After this clause is added can I be able to claim maintaince from her for child

Sir please advice me after going through this clause.need your valuable advice

Once you agree fort that condition, then it will be unfair on your part to claim maintenance expenses from her after divorce.

The claim for maintenance after that clause is included in the MCD,

may not be maintainable.

Minor child can claim maintainable from mother.

There is no mentioning of child claiming maintenance from mother in that clause. So child can claim.

She if agreed to this clause then cannot claim maintenance after divorce. If she claims then this document will be your evidence.