• Mutual consent divorce

Mutual consent judgement is done and ex wife did not ask for alimony since both were employed

After the judgment and Can my ex wife can ask for alimony anytime in the future?
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

if there is change in her circumstances she can seek mainteance from you 

 

for instance she is diganosed with crtical illness and loses her job she can seek maintenance from you 

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

it is final and binding upon parties 

 

if wife is working and not much differnces in your income she is not enttiled to any alimony 

 

in case of change in circusmstances she can claim maintenance or alimony 

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

No , it's final. Neither party can ask the other party alimony in future, as the relationship is severed permanently through Mutual Consent Divorce and is complete.

Shashidhar S. Sastry
Advocate, Bangalore
5638 Answers
339 Consultations

She divorced by consent without claiming alimony, she cannot ask any alimony/maintenance in future. Such divorce is final and complete. It cannot be challenged anywhere. 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Hi 

Since it is a case of mutual consent divorce, the parties cannot claim any relief (including alimony) thereafter .

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

If at all your ex-wife is filing an applicator seeking maintenance or alimony at a later stage based on the changed circumstances at her end, you may file a strong objection based on factual  economical status.

If she is employed and draws a handsome salary income you may  repudiate her claim and furnish the substantial documentary evidences before court to reject her claim and dismiss her petition. 

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

If she has stated in the mutual consent divorce petition that she will not claim maintenance in future and the same has been recorded in the judgment stating that she will not claim any maintenance amount in future then this will become final.

However if the judgment do not spell this word then she may have an opportunity to claim maintenance provided she  has proved herself that she do not sufficient means to sustain her expenses. 

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

Only on the acceptance of both husband and wife that alimony is not necessary for any of them as they are gainfully employed, the mutual consent divorce has been granted and is for the entire lifetime.

Shashidhar S. Sastry
Advocate, Bangalore
5638 Answers
339 Consultations

The marriage would be dissolved by a decree of divorce whether on the grounds of mutual consent or otherwise, however the alimony is a different subject to that of the divorce.

If she is unemployed and have no source of income to sustain her expenses she can very well claim maintenance from her ex-spouse provided she is not remarried at that time.

If the judgment is clear about 'no alimony' to her then she may not become eligible to claim maintenance in the future. 

 

 

T Kalaiselvan
Advocate, Vellore
90210 Answers
2506 Consultations

Hi

Mutual consent divorce decree is final and complete . No claims can be made after passing of decree by any party to the divorce. 

thanks

 

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

mutual cosnent divorce decree is final and binding upon parties

 

if wife is working and has not claimed  alimony ordinarily she would not be awarded alimony at later stage 

 

 

but if she is unable to maintain herself she can always claim maintenance later from husband 

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

If the divorce by mutual consent has been granted without any alimony, it is final and binding. Neither party has any right of appeal. 

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

Hi, Once the court has ordered for divorce. As both of you are gainfully employed so question of payment of alimony does not arise at all. Further, if wife want to claim maintenance then she has to narrate changed Circumstances then only she is entitled for maintenance. 

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear client, 

 To do this, most jurisdictions require the former spouse in need of the new alimony to show "changed circumstances." If the original divorce came about as the result of an agreement between the parties, it will take a fairly significant showing of cause as to why the court should set aside what amounts to a contract between the former spouses. This would be a substantial change in personal and financial circumstances, and probably not of the requesting spouse's creation. A change in salary or your wife getting laid off from work may be such factors. 

Thank you. 

Anik Miu
Advocate, Bangalore
11075 Answers
125 Consultations

Once not asked she can't generally ask now after divorce

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

- As per law, Divorce by mutual consent is final and binding, and thus cannot be challenged in any Court by either of the parties.

- The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot breach the agreement and decisions.

- Therefore, the Decree granted under the mutual consent, and based agreement is final & unchallengeable by your wife, 

- Even, if she will try to breach the agreement and decision of the case, then it will be considered as Contempt of the court.

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

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