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Author Topic: Can a wife claim maintenance after a decree is obtained on mutual consent?  (Read 2153 times)

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Offline conair255

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A wife filed divorce petition on mutual consent after a separation of 6 years and obtained the decree. She did not claim any maintenance during that process as she was earning a living. Later, due to health issues, she became unable to earn a living for herself and so seeks maintenance from her ex-husband. Is she eligible to claim a maintenance from her ex-husband at this point?

Offline advuma

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She can file for maintenance as she is still single.

whether she will get or not is completely the descretion of the court.

but there is a judgement in favour of the wife in this kind of similar situation.

my advise you can try there are good chance you may get maintenance.
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline conair255

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Thanks for your reply.

I would also like to know the following -
When filing the divorce , it was mentioned in the petition that both husband and wife are established professionally and hence not claiming any maintenance from each other. This was written because that time the wife was working. But now the wife does not do any job due to some health problems. In this scenario, can the wife claim maintenance?

Offline advmisthi

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Circumstances can change, yes she can try. It all depends how your lawyer presents the case.
you have chance of getting it provided the wife is still single.
Adv.Misthi Mukherjee
I am here to help, Shoot your legal problem to me, I promise I will help

 

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