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Author Topic: Compromise Divorce and maintenance  (Read 482 times)

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Offline r_1481

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Compromise Divorce and maintenance
« on: December 05, 2016, 12:07:32 PM »
Wife agrees to give consent to mutual divorce if appellant/husband pays Rs.2,50,000/-  at a time before Lok Adalat. Lok Adalat in an order says so, and orders that if the appellant/husband pays the stipulated amount then the wife agrees to give consent to mutual divorce on compromise and appellant/husband shall have no further liability to pay the respondent/wife a maintenance per month. Appellant/husband agrees pays the amount asked for by the respondent/wife as agreed. The case goes to Family court the judge being satisfied with the respondent/wife acknowledgement of the compromise payment by appellant/husband orders a decree of divorce. The case was started in 2000 and decreed on 2001.

The maintenance issue was agreed upon by the husband and wife before Lok Adalat. The Court did not fix or order any maintenance, the issue was agreed between the parties themselves.

1. Can the wife after 15 years ask for maintenance by invoking Act 25(2) of Hindu Marriage Act? or 125 CRPC ? (Wouldn't that be a breach of agreement ?)

2. Will the Court admit such appeal application ? (When the matter was totally decided among the parties and Court did not on itself order any maintenance nor did the respondent appeal to the court for it.)

Offline adv.amarnath

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Re: Compromise Divorce and maintenance
« Reply #1 on: December 09, 2016, 12:45:34 PM »
1. Can the wife after 15 years ask for maintenance by invoking Act 25(2) of Hindu Marriage Act? or 125 CRPC ? (Wouldn't that be a breach of agreement ?)
Ans: No, once she received permanent alimony then she cannot claim once again.

2. Will the Court admit such appeal application ? (When the matter was totally decided among the parties and Court did not on itself order any maintenance nor did the respondent appeal to the court for it.)
Ans: Definitely yes but it will be your duty to contest the case and point out the lok adalat order
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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