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Can ask for maintenance again after settlement?
01-May-2023 (In Divorce Law)
Few years back my wife filed a maintenance case under section 125. It was settled and she also gave a application in the court that she received 10 lac rupees from me for the whole life and would not ask for money in future. She withdrew the case from the court but no statement was recorded. Since she withdrew the case can she re file the case again?
She can file it again if there is some change in circumstances. Withdrawal of case at this stage does not operate as a bar to the filing of case in future.
She can claim maintenance even after divorce till she got re-marry or got any employment, court can consider if she has no independent income to maintain herself at the material point of time by her application.
Calcutta High Court Manoka Chatterjee vs Sri Swapan Chatterjee, (2002) 2 CALLT 336 HC-- JUDGMENT A. Barua, J.
In this case it was held, a so called "future maintenance of a lump sum amount of money cannot be made frozen on time. It is flexible and changes from time to time according to the change of circumstances the wife is confronted with. It was also decided that the mere fact some amount is given to wife for future maintenance would not dis-entitle her from claiming maintenance."
She can claim maintenance even after divorce till she got re-marry or got any employment, court can consider if she has no independent income to maintain herself at the material point of time by her application.
Calcutta High Court Manoka Chatterjee vs Sri Swapan Chatterjee, (2002) 2 CALLT 336 HC-- JUDGMENT A. Barua, J.
In this case it was held, a so called "future maintenance of a lump sum amount of money cannot be made frozen on time. It is flexible and changes from time to time according to the change of circumstances the wife is confronted with. It was also decided that the mere fact some amount is given to wife for future maintenance would not dis-entitle her from claiming maintenance."
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