• Re-file court case

Dear sir i have a court case in family court section 125 it has been settled/compromise and. she give a application / to in court that i have receive 10 lakh for the whole life expenses and in future i will never demand for the same so please dismiss the court case . she give application to withdraw case not give bayan in court.

I want to know if case is withdrew can she re file the court case again ..

Pls help.
Asked 10 years ago in Family Law
Religion: Hindu

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9 Answers

Dear Querist

the matter is settle and she can not claim maintenance again from you.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

She can file it again if there is some change in circumstances. Withdrawal of case at this stage does not operate as a bar to the filing of case in future.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

She can claim maintenance even after divorce till she got re-marry or got any employment,court can consider if she has no independent income to maintain herself at the material point of time by her application.

Calcutta High Court

Smt. Manoka Chatterjee vs Sri Swapan Chatterjee And Anr. on 13 December, 2001

Equivalent citations: (2002) 2 CALLT 336 HC

Author: A Barua

Bench: A Barua

JUDGMENT

A. Barua, J.

" In my view, a so called "future maintenance" of a lump sum amount of money cannot be made frozen on time. It is flexible and changes from time to time according to the change of circumstances the wife is confronted with."

"It was also decided in the case of K. Pandian v. A. Savithiri reported in 1999 Cri. L.J. 8, that the mere fact some amount is given to wife for future maintenance would not disentitle her from claiming maintenance."

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Hi,

Yes your wife can claim maintenance through afresh petition under criminal or civil law either in a magistrate court or district/family court, in some cases before a civil court if any property claims. The settlement and withdrawal on the basis of settlement does not take away a wife' right of future maintenance as her husband divorced or not and till she can maintain herself or get married .Of course the lump sum amount paid will be considered when she ask for maintenance in future .

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

ideally the crpc 125 should have been withdrawn on the basis of MOU and payemt made and statement to that effect that she has received the payemnt and will not file in future

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

yes your wife can again make claim for maintenance on account of change in circumstances

. it is well settled law as laid down by many judicial pronouncements that "future maintenance" of a lump sum amount of money cannot be made frozen on time. It is flexible and changes from time to time according to the change of circumstances the wife is confronted with."

the amount of Rs 10 lakhs already paid would be considered by court when her application for maintenance is considered by court in future .

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

When the matter settled then question of claiming does not arise.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

if the matter is full n final settled than she will not claim at all

Deepak Rao
Advocate, Delhi
15 Answers

5.0 on 5.0

generally no one claims if claims she has to prove in court she need more maintenance based on circumtrances

Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

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