Alimon / Money Claim After 9 years of Divorce

does divorce settlement agreement says 30 lacs in total?

No. The divorce settlement mentions the Rs 6 lakhs paid only.

@ Author

Fantastic briefs after a long time here….. wow... I call it a perfect case to squeeze ex husband indirectly under 'change of circumstances clause". You need a very very careful handling of raised 'demand" of the lady this time. Till date I have accessed 11 cases which were re-opened this god forbid this may be the 12^th. one wow….

here are few legal que. which I prefer to know short para wise from you before I chip in my further gyan….

Que. 1: Has she remained un-married all these 9 years post Decree in MCD? Is her mother alive? Does any of your children with her? What are the age of them ? 


Que. 2: Has this 24 L has any mention in Agreement / Compromise deed filed at the time of MCD? Which city this MCD was awarded from? .


Que. 3: Was the previous 6 L the full and final settlement agreed mutually in previous MCD and or there was something else mentioned under the final decree sheet, like after 4 years husband will pay something or husband will give Fixed Deposit papers to wife etc. etc. ?


I am waiting for your answers to above three ques. please. 

1. She is still unmarried, I believe. I have no information about her mother. We did not have any children in our marriage.

2. The 24 lakhs has no mention in any agreement or deed. The court of Barasat, North 24 Parganas, West Bengal.

3. She had prayed for 6 L in the court. Till then the case was not by mutual consent. She asked 24L more to sign on mutual consent application in aprivate meeting between our lawyers and us outside the court. The mutual consent application however does not state the 24L. Their lawyer had requested the judge to include the remaining 24L in the decree but the judge refused. It was then that she got me to sign on the plain paper as a sort of undertaking.

The decree simply says that  '........ the application u/s 13B of HM Act be allowed on mutual consent but without cost. The marriage tie in between the petitioner ......... and the respondent..........is hereby dissolved by a decree of divorce. The marriage registration certificate dated ..... stands cancelled.'

@ Author

Well in such circumstances there is a good news as well as bad news;

Good news;

1. She is bound to get dismissal if she has filed a civil recovery suit in a ordinary Civil Court such cause of action based on simple fact of MCD Decree which is just needs to be pleaded on admission stage by your side.


Bad news:

1. She is bound to get enhanced maint. if she remained un-married clubbed with her medical needs followed by price rise index further read down with change in status etc. etc. even after 9 years ago done an MCD only if she at earlier stage didn’t file any CRL. MAINT. Application. recall when MCD was going on had she filed any claims under crl. maint. law such as S. 125 CrPC 9 years ago? Now it is general consensus that no wife even if she withdraws S. 125 CrPC can literally say that she has voluntarily and or mutually agreed to subsist her crl. maint. stands. Though all Courts give generic order on such withdrawal applications seeing apathy of couples before them and also upon hearing that wife who files such has agreeing for MCD that is in civil court. You understood NO -  a crl. maint. can only subsist if at the time of withdrawing STATE us made party of in such Application filed by wife in S. 125 CrPC withdrawal stage. But, no STATE can ever become party as Court can't direct State's Chief Secretary to be party in such proceedings to say and or stand guarantor that in future wife can't approach Court under any change of circumstances ! That is the reason when I say here that post MCD ensure you fix your ex wife with another person and donot ever leave her remain un-married.


Now I don't know in your case 9 years back if she filed Crl. Maint suit against you or not. If she filed and withdraw as per MCD agreement then she has legitimate rights to claim not 26 L but under change of circumstances enhanced maint or one time alimony again and it can be now as per YOUR STATUS changed in 9 years and her dwindling status 9 years ago which somehow she survived with up till now – See how laws interpret ominously such scenarios.


 Further if 9 years back she only filed a Civil Maint. case say under S. 24 HMa and or under S. 18 / 20 HAMA which at the time of MCD agreement she withdraw seeing 6 L incoming to her kitty then under Civil Matrimonial Court her stand on 26 L is infructious - bald - bound to get dismissed. But I am sure her side will change pleadings by permission of court stating 'change of circumstances" and get away with some enhancement at today’s price index rates !


Sum total - unfortunate is this post but it is legally doable just bze she remained un-married all these years you got it. There are Hon’ble SC judgment of 14 years old MCD case re-opening under change of circumstances where ex wife remained unmarried jeeeeee for 14 years then claimed maint even after all settlement under MCD done 14 years ago so this is case of just 9 years Guruji……


Now you may ask what is remedy; for that one needs to read down her wordings in the referred civil suit that you raised the question from whose special knowledge you have and here you have just asked the zest of it so either you consult a good ld. Advocate there (in CCU) who specialises in “change of circumstances under Family Law cases” (which are handful till date) or you may write down her exact paras (hiding the private paras) from her this suit and experts here may reply accordingly.


BTW, I have already discussed this ‘change of circumstances” scenarios some dozen months back with ld. Advocate (Prabhakar) and search my earlier posts you may gain more gyan from our earlier discussions. She is not asking cost as made out by you quoting earlier MCD decree quote and unquote that is not the catch here.