Maintenance to Ex-wife if she remains unmarried

Until and unless your ex-wife is married, she is entitled to get maintenance allowance from you even if any agreement might have executed in this regard.

I have just gone through bare act of CrPC 125 and wife deinition is as follows,

(b) "Wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

My question to learned members is,

Wife in MCD takes lumpsum amount and gets MCD signed, still she is legally entitled to claim maintenance. What legal remedy indian husband has (if any ) to counter this ?
 

@RKM Sir,

Sir, this is not an out of court agreement between husband and wife it is the part f clauses mentioned in the petition to be filed for MCD.

If wife files for maintenance in futurehusband is remedyless even if MCD happens as per those clauses.

P.S.: If i is true then only remedy available to the mens in india is do not marry, if married hang in there shamelessely do not dovirce (ofcource if she does not have any ground to get divorce)  b"cos after enjoying her fruitfull years she will be comming to you for her oldage care. or LIVE AS A BANKRUPT ( Ths is not feasible for a shane person). Still wondering what to do ?     

Correction :

If wife files for maintenance in future, husband is remedyless even if MCD happens as per those clauses.

@ To all Husband readers

The generic que. is all right to the point that it remains a que. !


1. Only Crl. Maint. part can never subsist means can never be given up till she remains un-married and or due to change of circumstances. In such cases during MCD rope in STATE at the time of Compromise i.e. at Statement mentioning time give below Statement and then see how Ld. MM floats from her / his seat (read as see how she/he handles this part legaly)


ON SA

“I am respondent / husband in the present case. I have heard and read the entire statement of the petitioner / wife along with her ld. Counsel on record which is correct. I have filed separately an Affidavit of self as parties entering into compromise. Copy of the same is Ex. PX - 2. I have amicably settled the matter with petitioner / wife rights under criminal maintenance laws and if STATE has no objection to such withdrawal permission may be granted for withdrawing / compunding the criminal maintenance suit U/s 125 CrPC. I am making this statement voluntarily without any force, coercion or collusion.”

2. Remedy is to contest the civil / crl. maint. cases till its logical end that is upto Appellate Court level and till Appellate Limitation to re-open them ends.


3. Do join Mediation and ADR drams to please egos of Ld. ADJ’s / MM’s and wife’s sides. Listen attentively to their nautankis in a A/C room with plush sofas minus hussle bussle of normal court environs where she has a upper hand but follow your heart that is para 2.


4. Even if a husband has to opt for MCD ensure that he beforehand indirectly fixes his estranged wife with a guy before signing on dotted MCD lines. In that way your eternal responsibilities are dispensed with and she is happy to find a soul mate (read as next bakara or whatever) and this que. remains resolved like in expert sections here they have this funny way to say okies this que. is resolved and it is dumped in resolved query section whereas a legal que. can never be resolved as facts keep changing under the garb of ‘change of circumstances” hai ki nahi….. J  
[Mods. it is a PJ so dil pe mat lena…..]


But ask again yourself out of 1,00,000 readers (husbands) here how many can ever follow above? I bet only 1 that also with lot of encouragement and that is the sorry state of Indian husbands they ask (think) too much unlike their errant wife’s who purely work on institution and donot shy running straight to an IO at a PS and or to a ld. Advocate, so que. remains a que. for time pass here and in ground realities and it benefits errant metro wife's club. Hence better do what the Ganges of social flow current forces you to some banks instead of asking very intelligent que. for the sake of misplaced concerns. 

@ABC

MCD conditions as provided in the petition shall prevail however any change in circumstances which are compelling to show that the wife is not able to maintain her would entitle her for maintenance.

//peace

/Saurabh.V

@TajbosIndia Ji

All points are very well explained. I understand from above is "Contesting is the only way out ! whatever may be the case"

Its very difficult to follow point 4 , as now this bakri (read wife) has become well- known personality after all this court kacheri chakkars and very few ( read nil ) takers for her then on. :-)

Sochna to padta hai ji, idhar kua udhar khai jab court mein khadi ho lugai.

@ Never Give Up

1. If there is a well chalked strategy via Marriage Bureau n/r round robin strategic discussions then only everything is executable. We did execute doable strategy in Delhi on two husband’s cases. It does work whatever her age is and BTW women do not age when romance and will to re-marriage is concerned and it is men who take the short cut (live-in or seen traveling on Great Britain roads).


Soncho aur jara lekin kya usney soncha tha case karney se pahley jo aab tum sonch rahe hon uski jagha..jis din uski sonch ko vaar karogey ussi din saab soncho sey azadi milegi……………

@TJI/Saurabh V.

Sir,

Is'nt it sufficient to contest CrPc125 if filed under change of circumstances :

"That both the Petitioners forfeits voluntarily all their past, present and any future accruals arising out of any nature of maintenance whether Civil or Criminal i.e. HMA  and/or DV and/or CrPc125 or any other provisions which comes into force henceforthe for self and or their relatives under any acts of change of circumstances such as on price rise index change and/or inflation and/or on their special medical needs and/or any nature of medical needs of their relatives and/or an grounds of higher education enrollment needs and/or on grounds of remaining in un-employmen"

@ ABC mahaprabhu


S. 125 CrPC as well as Bharat Ratna DV Act comes under STATE welfare chapter and not under civil maint. though they are run as quasi civil court service wise and in case of default provisions of CrPC is only effected upon.


Against above backdrop STATE can never say HANDS UP to abala naris in India. In International Jurisprudence they donot have STATE welfare Maintenance Laws at all see the grand difference we have created here in India.


Hence all bold takes mentioned by you takes a beating when criminal maint. cases are re-opened after well chalked MCD agreement deeds and rarely a civil maint. are seen to open up so far against discussed back drop.


What I suggested in first reply post above is a doable exercise for new / young litigants to follow and for old hands take the old cases to logical end why take short cut as if MCD is Bharat Ratna Award you are self bestowing upon yourself when few doubts on MCD wordings validity self questioned!