Dear Querier,
I have read through your concern and have answered below to the best of my abilities. I sincerely hope this information is helpful to you and solves your issue. thank you.
(1) I understand that you have already paid your wife an alimony of rupees 20 lacs at the time of divorce and that your daughter has been residing with your now ex wife since 20 years. Now your query is about your wife asking for maintenance even after getting the alimony.
According to the law, nothing stops your wife from filing a petition for maintenance even after getting money as alimony settlement under the section 125 of CRpc. But it now depends upon the court and judges to see if the sum you paid your wife is sufficient for her and your daughter’s survival or not. The court will now check if :
1) If your wife is educated? If yes then she too can earn and has no reason to ask for more maintenance for herself and your daughter’s daily needs/ survival.
2) If your wife is not educated meaning she is dependant on the alimony for her and your daughters needs. then is there any specific reason she is finding the alimony insufficient for her and your daughters maintenance? For example, does your daughter have special medical needs or does your daughter go to a professional college for studies which are expensive than most. These are the circumstances the court will now investigate to determine if the maintenance your wife is asking for is valid or not.
The court will not just agree with the wife for maintenance they will fact check with the situations of their lifestyle and then decide on the matter.
In the case of Sunil Sachdeva V. Rashmi And Another[1] the Punjab and Haryana high court had only agreed to the petition of wife for maintenance after the alimony of rupees 3 laks due to finding it insufficient as the wife has earning a meager wage and has the cutody of 2 college going students on her. The court looked into the husbands earning capacity and the wife’s lifestyle requirements before taking the decision.
(2) Dear querier, now regarding your second question if your daughter who is of 22 years of age and has not lived with you for 20 years, eligible to seek maintenance from you.
Your daughter is of 22 years of age therefore she is now not a minor. Under section 125 of the crpc she is not entitled to maintenance under the act as she is above the age of 18 years but if she can prove in the court of law that she is unable to maintain herself due to physical or mental abnormality or injury then she will be allowed to maintenance under this section.
Your daughter cannot ask for maintenance only if she is unable to maintain herself under the section 125 anymore. Unless she suffers from psychical mental injury that is.
I hope this answer helps you. Thank you.
[1] Sunil Sachdeva v. Rashmi and another CRM-M-5732 of 2017 (O&M)
