After Mutual Divorce decree maintenance case After Mutual Divorce decree maintenance case

2 years ago

Dear Sir/Madam,
Can anyone please suggest me for my question, We Applied/Filed for mutual consent divorce on June-2020 and got decree on Feb-2021, after filing the case, wife was conceived and after decree she was given a birth for boy baby(Baby born on July-2021), The question is-can she still apply for maintenance case or not? If yes means-still how long she has the time to apply for maintenance case and till how many years can she expected the maintenance from husband?

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.The Wife cannot claim maintenance after Mutual Consent Divorce if she voluntarily surrendered in writing her part of RIGHT TO GET MAINTENANCE,however,she is entitled to claim maintenance for the newborn baby . If that is baby boy,then the father of that child has to give maintenance till that boy attains the age of 18yrs but if that is girl child,then such maintenance has to be given till her marriage.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Dear Client,

Child maintenance in India is recognised under Section 125 CrPC. It has been provided that the child can claim maintenance from the father in India. Section 26 of the Hindu Marriage Act also provides for the maintenance of children under Hindu law. The section of the Act states that a minor child is entitled to get maintenance from the father if during the divorce proceeding the custody of a child has been awarded to the mother or otherwise also. However, the wife may not be liable to obtain maintenance on grounds of mutual consent. Since the child was conceived during the divorce process, it makes you the legal parent. You are liable for the maintenance of the child. When you go for a one-time settlement amount includes the child too for future benefits.

Thank you!
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