Yes, it is possible to claim alimony / maintenance in a mutual divorce case.
Sections 24 and 25 of the Hindu Marriage Act, 1955, which deal with maintenance / alimony, do not make any exception in the case of mutual consent divorce case. These sections use the language “in any proceedings under this Act” and “Any court exercising jurisdiction under this Act”, respectively. These are wide provisions and do not exclude Section 13-B of the Act which deals mutual consent divorce.
Having said that, I may clarify that in a mutual consent divorce, usually the terms and conditions of divorce are negotiated between the parties before the filing of the mutual consent petition. Therefore, it is advisable to fix the terms relating to alimony / maintenance also during such negotiations.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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