Maintenance claim filed at this belated stage is also maintainable provided the wife is not employed and not married again.
Maintenance.
In 2000 a divorce case was filed in Family Court. The judge sent appellant husband and respondent wife to Lok Adalat for a compromise. If it failed then he would continue with the instant case. In Lok Adalat the wife agreed to give consent for dissolution of marriage by mutual consent, if she is paid Rs. 2,50,000/- at a time. Accordingly Lok Adalat ordered that till the husband agrees to wife's terms an amount of Rs.2000/- will be deducted per month from his salary, as maintenance. Only when the aforesaid amount will be at a time paid by the husband, he shall have no liability of paying the wife a monthly maintenance. Order signed by the presiding members of Lok Adalat and countersigned by both the husband and wife. The husband paid the stipulated amount and wife acknowledged the same. Case went back to Family Court and judge being satisfied by the fulfillment of the terms and conditions of the compromise arrived at Lok Adalat and duly referring it ordered dissolution of marriage. Question is if the wife 15 years after divorce files a case for maintenance will the husband be bound to pay it ?
Asked 8 years ago in Family Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
10 Answers
wife can claim maintenance on account of changed circumstances In fact Maheswaran, J. in Padmanabhan v. Bama 1987 Mad LW (Cri) 306 : 1988 Cri LJ 1386 has clearly held that there is nothing in 127, Cr.P.C. which takes away the jurisdiction of the Court to modify its own order even though it is passed on the basis of a compromise. The words 'without prejudice to the contentions of the parties' will not alter the situation. If there has been change in the circumstances of any person receiving or paying a monthly maintenance under Section 125, Cr.P.C, it is always open to the Court to alter the amount under Section 127, Cr.P.C. That means, this Section would apply both to the husband and to the wife.
2)
In the instant case neither Lok Adalat nor Family Court gave any order 'for a payment of a monthly maintenance under section 125, Cr.P.C' at all, but settled the matter as asked for by the wife, with at a time or one time payment. That payment was duly paid. The wife being satisfied with the demand for one time money for full and final settlement agreed for giving consent for a mutual settlement to dissolve the marriage. And Family Court dissolved the marriage on mutual consent. Now, if the wife agrees amicably to the terms of maintenance in the mutual consent agreement and in the joint petition give reference to the agreement isn't she bound by agreement ? Can she file maintenance under 125 Cr.P.C. ?
Asked 8 years ago
1) even if marriage has been dissolved by mutual consent and wife had agreed to accept Rs 2.50 lakhs as alimony she can make application for maintenance on account of changed circumstances
section 25(2) of hindu marriage act
If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
1. Do note that terms of the agreement you arrived at containing the relevant terms and conditions therein is key to answer your query.
2.In general the divorced wife is entitled to maintenance as long as she remains unemployed and unmarried.
3. The dispute even if settled amicably whereby the wife agrees to take one time full and final alimony does not relinquish her right for future maintenance.
4 In other words since the legal right can not be waived your wife is still entitled to maintenance.
Once we come to a mutual agreement and accept the terms and conditions of it, then we can’t with draw from that without a specific strong reason. If wife is settled the maintenance mount to a lump sum then she can’t again ask maintenance amount under section 125, Cr.P.C
1. In the instant case, the Judge has already dissolved the marriage without specifying any aditional maintenance to be paid by you to your ex-wife and on the terms set by the Lok Adalat and agreed by both of you.
2. You wife can file a maintenance petition since no body can be prevented from filing petition but her such claim will not have much merit to stand on legs.
1. Yes, she is bound by the agreement she has willingly signed and submitted/filed before the Court.
2. Based on her said agreement and taking one time settlement amount, she can not further claim any maintenance.
3. Her application u/s125 of Cr.P.C. after 15 years of divorce will not yield any desirable result to her.
The law states that the divorced wife also can claim maintenance under section 125 r.p.c.
As per the provisions of this law:
Order for maintenance of wives, children and parents. and " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Therefore the maintenance claim is legally valid provided he is not remarried.
In view of the fact that marriage was dissolved with mutual consent of spouses the ex-wife cannot now file for maintenance under 125 CrPC as permanent alimony has been paid to her towards full and final settlement.
