Whether permanent alimony can be claimed after a mutual consent divorce in Delhi depends almost entirely on how the original settlement was drafted and what it actually says about maintenance. A mutual consent divorce under Section 13B of the Hindu Marriage Act is finalised on the basis of a settlement the spouses present to the court, and this settlement typically addresses alimony either as a one-time lump sum described as full and final, periodic payments, or an explicit waiver. Where the decree clearly records that permanent alimony has been paid in full and final settlement of all present and future claims, courts are generally reluctant to allow that claim to be reopened later.

However, this is not an absolute bar in every situation. If the mutual consent decree is silent on maintenance altogether, or the settlement was vague about whether the amount paid covered future claims as well, the door to seeking further maintenance under Section 25 of the Hindu Marriage Act, or through the secular maintenance provision now found in Section 144 of the Bharatiya Nagarik Suraksha Sanhita, may remain open. Courts have also permitted a reopened claim for permanent alimony in exceptional circumstances, such as where the original settlement was shown to be the product of fraud, coercion, or significant, unforeseen financial hardship that the settlement could not have anticipated.

Section 25 of the Hindu Marriage Act itself allows a court to vary, modify, or even rescind a permanent alimony order if there is a material change in the financial or personal circumstances of either party after the order was passed. This means even a decree that addressed alimony can, in genuinely deserving cases, be revisited, though the burden of showing why the settlement should not be treated as final rests heavily on the party seeking to reopen it. Courts scrutinise such applications carefully precisely because the finality of mutual consent settlements is an important principle they are reluctant to disturb without good reason.

Because the wording of your original settlement decree makes all the difference in whether permanent alimony can still be claimed, it is worth having the decree reviewed by the team at Aapka Legal Advice before deciding whether to pursue a fresh claim or an application under Section 25.

An experienced advocate can assess whether your case realistically fits within the recognised exceptions or whether the settlement is likely to be treated as final. The Best Divorce Lawyers & Retired Judges in Delhi directory lists Delhi lawyers experienced in post-divorce maintenance disputes, along with retired judges on the panel who can offer a grounded, bench-informed opinion on how your specific settlement language is likely to be interpreted.

Their assessment can help you avoid pursuing a claim that is unlikely to succeed while ensuring you do not give up a legitimate entitlement out of uncertainty. In conclusion, permanent alimony can sometimes be claimed after a mutual consent divorce in Delhi, but success depends heavily on whether the original settlement was truly full and final or left the question genuinely open.