After 17 years of divorce, can a wife claim maintenance
RAKHI BUDHIRAJA ADVOCATE
(Querist) 21 April 2013
This query is : Resolved
Dear All,
Husband got an exparte divorce. After completion of appeal period, he got remarried. The ex-wife filed an application against the said order. The matter was settled as the husband had already performed second marriage and as per the said settlement the agreed to get Rs. 95, 000/- as one time lump sum amount as her alimony past, present and future. After 17 years, now she had again filed the petition fir claiming maintenance. The husband has his family and as per settlement he doesn't want to pay to his ex wife but the court is adamant to let him pay. The main thing is that the settlement had arrived in the family court in one state and now the petition for maintenance has been filed in the family court of separate state. Pls give me the latest judgement on this point in favour of the husband as soon s possible.
Thanks in advance.
Devajyoti Barman
(Expert) 21 April 2013
Unfortunately the judgments say that the wife can claim maintenance even if she went for any settlement.
The legal right of wife can not be waived by agreement.
Nadeem Qureshi
(Expert) 21 April 2013
Dear Rakhi
As per section 125 (4) of Crpc if the sepration is based on the mutual consent then wife is not entitled to get maintenance from him.
R.K Nanda
(Expert) 21 April 2013
no,wife cannot claim it.
search indiankanoon.com.
Raj Kumar Makkad
(Expert) 21 April 2013
Various judgments of Supreme court and High Courts do pronounce that the wife is entitled to claim for maintenance even though a settlement thereto had been made while in divorce.
