Apni Law Staff asked 2 years ago
My wife and I have decided to get a divorce under Section 13B of the Hindu Marriage Act. We’ve agreed to settle the terms, including returning gifts or a sum of money. How can I legally return this money to ensure there’s no dispute later? Also, is there a legal way to avoid paying alimony and maintenance after our mutual divorce? I understand we can sign an agreement, but I read a case where the court said such agreements might not stop someone from claiming alimony under Section 25 or maintenance under Section 125 of the Hindu Marriage Act. Can you please advise me on the best course of action?
Best Answer
Apni Law Staff answered 2 years ago
While a mutual divorce agreement can address the return of gifts and money, it might not necessarily preclude future claims for alimony under Section 25 or maintenance under Section 125. To avoid potential disputes, consider obtaining a court order specifically addressing the waiver of alimony and maintenance. You should consult with a lawyer for personalized advice tailored to your situation and the specifics of the agreement.
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