Yes, you can seek maintenance after a mutual divorce, but it depends largely on what was agreed upon during the divorce process. In a mutual consent divorce, both parties typically negotiate and settle issues like maintenance (alimony) as part of the settlement terms. If maintenance was waived or not addressed in the divorce agreement, claiming it later can be difficult.
Key points
- In a mutual consent divorce, both spouses agree on terms including alimony. Whatever is agreed upon and recorded in the settlement deed becomes binding on both parties.
- If the divorce decree is silent on maintenance, a spouse may still apply for maintenance under the applicable personal law or under Section 125 of the Code of Criminal Procedure (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
- The court has discretion to award maintenance post-divorce based on factors like the spouse's income, financial needs, standard of living, and ability to support themselves.
- A wife who has no independent income or has significantly lower earnings may have a stronger claim for post-divorce maintenance.
- Any maintenance clause agreed upon in a mutual divorce settlement can only be altered later if there is a substantial change in circumstances.
Relevant law
Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (replacing Section 125 CrPC) governs maintenance for divorced spouses. For Hindus, Section 25 of the Hindu Marriage Act, 1955 allows either spouse to apply for permanent alimony even after a divorce decree. Muslim, Christian, and Parsi spouses are governed by their respective personal laws.
What you can do
- Before signing any mutual divorce settlement, clearly negotiate and record the maintenance terms in the settlement deed with the help of a family lawyer.
- If divorce proceedings are ongoing, you may file an application for permanent alimony before the Family Court in Surat under Section 25 of the Hindu Marriage Act, 1955.
- For post-divorce maintenance claims, approach the Family Court, Surat, which handles matrimonial and maintenance matters.
- Consult a family law advocate in Surat to assess your specific entitlement based on your personal law and financial circumstances.
This is a system-generated summary based on general principles of Indian law, to help you understand your situation. It’s general legal information, not legal advice, and may not reflect the specifics of your case. For guidance on your matter, consult a verified advocate below.
