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vikas kumar (major)     24 October 2012

Advice on maintenance

my divorce case is 8 yrs old recently we have argeed for settlement and accordingly ihad paid permanent alimony to her in court by means of cheaque which was duly encashed by her.according to court order the amt is towards her ,istridhan,and maint of only daughter.this is full and final amt towards final settlement and both parties agreed for mutual divorce.court had fix next date after 6 months for second motion.now even after claiming full and final alimony as decided by court my wife wants to claim maintenance for her daughter for which she had moved application in court asking to remove name of daughter from the order so that she can apply for her maint.however har application was dissmissed by court stating that earliar order was fair and justified.i want to know after claiming full n final amt/alimony and getting her ststement recorded before h ;able high court to that affect can she again claim for maint for her daughter?can she again file case for maint for her/daughter?please advice



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 October 2012

Yes, I am afraid, as unconsionable as it sounds, Indian law allows her to do so, Daughter has an independant right that cannot be compromised by the mother. Law in India considers any agreement by which a person gives up her rights to be against public policy and hence unenforceable. Hence her agreement would not estop the claims of the daughter, though may greatly reduce the quantum. 


Bharat Chugh

Advocate Supreme Court of India

 

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     25 October 2012

Yes, Bharath is right


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