A husband is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.
Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.In mutual concerned divorce, the parties be mutually agreed upon in the petition for Divorce by Mutual Consent:
- Firstly: Custody of child;
- Secondly: Alimony (lump sum maintenance to be decided between parties);
- Thirdly: Returns of items (dowry, streedhan, etc); and
- Fourthly: Litigation expenses.
A minor child is entitled to get maintenance from the father if during the divorce preceding the custody of child has been awarded to the mother or otherwise also. But the recent judgment of the courts says that major child whether daughter or son is also entitled to get maintenance from his/her father if they are dependent on their parents. Dependency on parents means that they are not in a position to earn themselves either because they are studying or due to any disease. They can claim maintenance in future for their education and marriage expenses under the Hindu Adoption and Maintenance Act, 1956.
In your case, your wife given up the alimony and future claims. So it is not easy to claim a maintenance amount in future. Made a written memorandum of understanding between the two parties about the terms of the settlement is good and make it as a part of the divorce decree. The terms are binding on parties.