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Showing contexts for: contested decree in Sri Nagaraja @ Raju vs Mrs. Leelavathi K K @ Shilpa on 12 April, 2023Matching Fragments
11. Heard learned counsel and perused writ petition record.
12. From above submission, question for consideration would be, whether respondents are barred from seeking modification of maintenance granted under decree of divorce by mutual consent?
13. Admittedly, decree of divorce is obtained in a petition filed under Section 13B of H.M. Act, which merely provides for divorce by AIR 2004 Bom. 345 mutual consent. Provision for maintenance/permanent alimony is governed by Section 25 of H.M. Act. Sub-Section (1) thereof provides for passing any decree for maintenance and said provision does not distinguish between consent and contested decree of divorce.