I want to File a Divorce Case without any Child Custody & without Any Alimony.

Dear Client, 

A divorce petition doesn’t require claiming custody or alimony, both are independent reliefs a party may skip, but neither waiver binds the other party or the child. If its mutual, the petition proceeds under Section 13B, Hindu Marriage Act, with a joint statement of one year’s separation and agreement to divorce. You can state that you are not seeking custody or alimony, but the court still independently examines whether the custody arrangement serves the child’s welfare under Section 26. If its contested, grounds like cruelty can be pleaded under Section 13, and custody/maintenance are decided separately under Section 26 and Section 25, Hindu Marriage Act, or the Guardians and Wards Act, 1890.

However, your alimony waiver under Section 25, Hindu Marriage Act or Section 144 BNSS is valid if its voluntary, but the child’s maintenance under Section 20, Hindu Adoption and Maintenance Act and Section 144 BNSS is the child’s own right and cannot be waived by a parent.