Maintenance pay

Common Man (Querist) 22 August 2013 This query is : Resolved
At the time of mutual divorce husband pays one time lump sum compensation to wife for her & the child who is in wife's custody. It is mentioned in divorce decree that husband & wife wont have any further claim towards each other. Wife remarries & she is now living with new husband alongwith child. Ex-husband remains unmarried. Can the ex-wife make any further claim from ex-husband for the child in future?

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ajay sethi (Expert) 22 August 2013
yes she can . father is responsible for maintenance of his child . wife wont be entitled to maintenance as she has remarried .

Common Man (Querist) 22 August 2013
Thank you for your reply. Under which act/section she can claim as the ex husband has already paid one time full and final settlement money for the child also?

M.Sheik Mohammed Ali (Expert) 22 August 2013
once in front of the court the divorce case and permenanat alimony fixed, therafter never claim in future.

Shonee Kapoor (Expert) 24 August 2013
Actually, she can claim u/s 125 CrPC for the child even after her remarriage. It can only be done on the change of circumstances or mitigating circumstances.

Regards,

Shonee Kapoor
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ajay sethi (Expert) 24 August 2013
welcome back shonee kapoor

Guest (Expert) 24 August 2013
I also welcome Shri Shonee back in the forum.

Common Man (Querist) 24 August 2013
Thank you very much for your reply, Mr Kapoor. Will you please elaborate what constitutes "change of circumstances or mitigating circumstances"? Like, can you provide example or cite case laws? In case new husband has adopted the child , will the scenario be different?
Regards

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