Maintenance

Querist : Anonymous (Querist) 05 January 2011 This query is : Resolved
Dear sir,
In a petition for mutual consent for divorce wife agreed not to claim maintenance from the husband. But she still filed a petition for maintenance later when the husband remarried after divorce.

is the present petition maintanable and Can she claim maintenace even after her admission not to claim maintenance, any case law in support of husband's plea?

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Srinath Kondapally (Expert) 05 January 2011
her admission itself is sufficient in divorce petition and now no requirement of further citations.

Khaleel Ahmed Mohammed (Expert) 05 January 2011
You are advised to submit the same before the trial court in your defence against maintenance proceeding.

Kirti Kar Tripathi (Expert) 05 January 2011
maintenance is the legal right of a wife even if she is divorcee. This right can be not be given up nor it can be taken away. mere admission on her part not to claim maintenance does not entitle her to claim maintenance till she remarry. The husband is bound to give maintenance till she remarry under the law.

Kirti Kar Tripathi (Expert) 05 January 2011
fundamental principle is no estoppel against law. such admission can not be treated as estoppel on her rights.

Amit Minocha (Expert) 06 January 2011
I disagree with Kirti Kar Tripathi completely.

She is bound by the terms and conditions of divorce by Mutual Consent not only you can file a contempt against her but can also disclose the afresh Court about the said agreement and seek dismissal of the maintenance case. She cannot claim at all !

Kirti Kar Tripathi (Expert) 06 January 2011
Dear Amit,
You may disagree with me but the position of law is same as I stated. For ready reference I am attaching the citation of the Apex Court in this regard

Querist : Anonymous (Querist) 07 January 2011
Thanks for all in fact Kirti Kar is right, as per my investigation my only point how takle this issue..

Regards

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