• CrPC 125 session court appeal

Ex wife has put case on myself and its in appeal.  If she agrees settlement and lump sum final payment for her and 2 children. Age 15 girl 14 boy.  How can I make it possible for her not to re apply again in future ?  What shall I write in the affidavit that strongly states and that gives her no more money ever!
Asked 2 years ago in Civil Law

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17 Answers

The maintenance claim under section 125 cr.p.c. is applicable even after divorce between the couple.

If there is an amicable settlement of one time payment, then the same may be reduced to writing in the same affidavit with the details of payment and the court may be requested by a petition to draw the decree on the same lines with the details of the one time settlement amount.

This will ensure that she may be restrained from making any such claim in the future.

T Kalaiselvan
Advocate, Vellore
66814 Answers
882 Consultations

5.0 on 5.0

There is no way a husband can get rid of maintenance. Many would say there is but its debateable again.

As far as i have read and can even show you, even after an argreement, or a mention or even over MOU if you people settle for no more payments you may have to pay in future provided if few valid points are shown before court.

If your wife has not re-married or is not living under adultery and she has to prove that she is under terrible financial constraints, she can again extract money from you in near future

Aveek Bose
Advocate, Kolkata
1160 Answers
8 Consultations

4.7 on 5.0

1)it should be mentioned that X amount shall be paid to wife in full and final settlement of her claims that wife agrees not to make any further claim for maintenance in future for herself and children

2) get the consent terms drafted by your lawyer

Ajay Sethi
Advocate, Mumbai
76816 Answers
4609 Consultations

5.0 on 5.0

There s no guarantee then in future she will not file any case for maintenance if she remains unmarried and unemployed

In other words her legal right os maintenance can not be extinguished even if you make her full and final payments and she makes any written undertaking not to claim maintenance in future.

However if the money is substantive then she will have to prove that she has expanded that money beofre claiming maintenance once again.

Devajyoti Barman
Advocate, Kolkata
20711 Answers
294 Consultations

5.0 on 5.0

You'll have to mention in the affidavit that after this settlement, she will make no further monetary claim for sustenance of self and the children. Ask her to relinquish this right under the affidavit of compromise.

Vibhanshu Srivastava
Advocate, New Delhi
9048 Answers
165 Consultations

5.0 on 5.0

Respected sir ...

It's is the duty of court when you entered into such a condition where lumpsum is going to be given the court shall also states and mention in writing of your wife that I have received lumpsum amount and and I will not file any claim case against him in this prospect in future...You need not to wry all is duty of court and Hon'ble judge...

Thanku

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

Better ask your lawyer to apply for sec89 petition before the court for settlement. The court will consider the petition and send it for mediation . Before mediator you may arrive final settlement and write it to an agreement . After the mediation the court will record the mediation agreement and decreed. So you can save from future claims.

Ajay N S
Advocate, Ernakulam
3471 Answers
69 Consultations

5.0 on 5.0

Hi, you can prepare a memorandum of understanding ( MOU ) consisting of alimony and other claims of child custody mutually settled between you to as a final settlement and can present it before court ..once it is presented before court she will be bound by it and will not be able to claim any alimony in future

Hemant Chaudhary
Advocate, Gurgaon
4561 Answers
39 Consultations

4.9 on 5.0

If the parties agree to settle the dispute for a payment of a lump sum amount then she has to file an affidavit in court in the proceeding stating her willingness to settle the dispute on the agreed amount. She should also state that the amount received by her shall be in full and final and that she shall in future have no claim against the husband on any account whatsoever.

On the basis of such affidavit the court shall pass a decree recording such settlement keeping the affidavit filed by the wife on record and shall dissolve the marriage.

Sachchida Nand Pandey
Advocate, Kolkata
12 Answers

4.0 on 5.0

That the second party will pay a sum of Rs. X,00,000/- (X Lacs only) to the first party in full and final towards all her past, future and present claims of maintenance and permanent alimony, jewellery, istridhan / stridhan, dowry articles etc. etc.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hello,

The settlement will have to be filed in the court.

The settlement shall contain the term that neither party will file any case on each other in future.

Also it will contain the clause that any case filed previously shall stand withdrawn.

The same has to be drafted in strong words, you may contact me if you need any help in this regards.

Thanks

Anilesh Tewari
Advocate, New Delhi
17778 Answers
296 Consultations

5.0 on 5.0

Hi,

You can’t stop from applying again in future if the needs for your children education or anything else arise. Yet you can request the court that the same shall be treated as a full and final settlement. It would be discretion of the court to grant the same or not. I hope it answers your question, in any case you can reach of there are any further questions.

Regards,

Richa

Richa Bharadwaja
Advocate, Delhi
25 Answers

4.8 on 5.0

Yes you can make a compromise agreement in stamp paper and give in appeal court and finalise case.

Sukhendra Kumar Pandey
Advocate, Satna
31 Answers

4.5 on 5.0

Dear Client,

It is a very tough situation , as in one the judgement of Hon`ble Supreme court, it was held that -

In Geeta Satish Gokarna vs Satish Shankarrao Gokarna on 29 March, 2004 in this case the wife agreed, at the time of divorce by mutual consent not to seek maintenance, having receieved an amount as full and final settlement, but afterwards claimed maintenance u/s 25 HMA. The Court held her claim to be maintainable – held – Right to maintenance is a part of larger right to life and any agreement to the contrary is against public policy and pro tanto(to that extent) ineffective.

So, only distress circumstances may only be compelling reason to seek any claim in future.

Also, affidavit in this regard may be - how much money or benefits she received in settlement and she will not apply maintenance in future, and that should part of court record,

Only if she re marries or in relationship with some other person, than you will be absolutely exonerate from any maintenance in future.

Yogendra Singh Rajawat
Advocate, Jaipur
20023 Answers
28 Consultations

4.5 on 5.0

you have to settle the matter through pending legal proceeding by filing a terms of settlement where all the condition will be mentioned and the decree will be passed based on that terms of settlement.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Once you both parties agree to compromise the case, a memorandum of understanding will be filed before the court sating all the terms and conditions. There will be a regular clause that she will not file any case or cases against you in respect of the above case or related matters along with other clauses.

Once the MOU is signed by both of you, it will become decree and she has no choice to file any case in future. Even if she files any case, it will amount to contempt of court.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
122 Consultations

5.0 on 5.0

1. Both of you should jointly file a mutual consent divorce petition mentioning the agreed terms in the plaint and it should be clearly specified therein that she has and will have no grudge, claim and grievance against you and shall not make any claim whatsoever in future from you.

2. The said MCD petition will be disposed of with in 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
24411 Answers
680 Consultations

5.0 on 5.0

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