Is a husband liable to pay maintenance after getting Mutual divorce?


Mutual Consent Divorce is the best way to be separated in a marriage. These contain the certain important requirement for the mutual consent of the husband & wife. There are also two aspects in it that Husband & Wife have to reach a consensus. First one is the alimony or maintenance issues. According to the Law, there will be no minimum or maximum limit for maintenance. The second one is the Child Custody.

Alimony is the monetary compensation granted to the spouse who is not able to support himself/herself. In most of the cases husband always pays the alimony. The Indian Christian Marriage Act, 1872, and the Indian Divorce Act is applicable to Christians. The Marriage and Divorce Act is applicable for Parsis. The Shariat Law and the Dissolution of Muslim Act are applicable to Muslim marriages.


The court will be deciding the amount of maintenance that is to be paid by the respective spouse after examining different parameters. The income of the spouses, their standard of living and financial status are some of the causes that are considered. The spouse’s income and investments, as well as the financial needs of the individuals, must be taken into account.


We can find so many husbands who are paying 30–60 lakh or even more in their so-called mutual divorce from the wife for getting out of trouble of handling maintenance or even criminal cases filed by the wife. So it can be found out that in most cases husband is entitled to pay the maintenance even if it is a mutual divorce or not.


The amount of compensation that can get will depend largely on her qualifications and employment status. If she is unemployed then the husband is entitled to give alimony you. Fixing the amount of alimony is vested with the discretion of the court, but the discretion is to be done in a manner that preserves the course of justice.

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