Already paid maintenance but again filed case u/s 125 can we appeal


My brother had file a maintenance case even after taking the settlement amount Do we need to pay the maintenance even after the settlement.? we have already paid 2.5lacs as the settlement amount and we had mention in MOU that she should not file any 125crpc case against my brother, but still she did that. and order was passed in her favour My brother is not in india now. How can we file the appeal in High Court without his presence..?

Answers (2)


210 votes

in your matter i need to go through your complete case details , when your brother got married , when were they divorced, do they have any issues/children, wether the children were major or minor during sepration .your mou which was made and details of your case along with order copy .then only we can decide on what grounds we can move high court


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156 votes

hi
You should appeal in the higher court as settlement is already made. once a person has received settlement money, then she is not eligible to claim maintenance
But he will need to send the signed vakalat for us to appear in the court. has he given any power of attorney to you ?

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