Section 24 and 25 of the Hindu Marriage Act relate to interim maintenance (during pendency of the proceedings) and permanent alimony and maintenance, respectively. Both these sections basically speak about grant of such maintenance, etc., on application made to the court by wife or husband. Moreover, these sections also require that the income, etc., of the parties is to be taken into consideration.
In your case, you have mentioned that your wife is earning and she has herself said that she does not want any maintenance or alimony. In these circumstances, as she herself does not want maintenance, alimony, etc., and she is employed also, there is no reason for the court to grant her any maintenance or alimony.
In any case, since both of you have agreed to take divorce, it would naturally be a mutual consent divorce. So, as per your compromise, both of you can decide the terms and conditions for such compromise and you may clearly mention therein that no maintenance or alimony would be paid to the wife. In a mutual consent divorce case, the court will generally go by your own terms and conditions in the compromise arrived at by both of you. So, there would hardly be any chance for the court to award any maintenance or alimony to your wife when she is herself not interested in it.
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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