Can alimony be claimed after receiving a lump sum amount already


I want to know that after mutual divorce, where I received a lump sum amount of 10 lakh. Can I file a case again maintenance for my daughter expenses? The cases were domestic violence, maintenance and dowry that after chamber meet with the judge it was changed into mutual divorce.. I was 23 years old at that time very young did not know what to do or what was going on. my daughter is 9 years old now soon to be 10 but its difficult for me to handle her expenses. as I am a sole earner. I did not marry again. he got married again and his current wife has also filed the same cases. DM, maintenance n all. So just wanted to know what are my chances.

Answers (2)


340 votes

Hello! I hope this answer finds you in good spirit. As far as I gather from your query, the facts provided by you are that you are divorced on the ground of mutual consent after you entered into full and final settlement and you received a lump sum of Rs.10 lakh. Now, after divorce, you are still unmarried, having a daughter while your ex-husband is remarried. If these facts are correct, then as per law you are still entitled to claim enhanced maintenance under the changed circumstances (your daughter's welfare) under S.25 of the Hindu Marriage Act, 1955. In the alternative, you can claim maintenance under S.125(4) of the Cr.P.C. Therefore, you are different options to avail the remedy.

Regards.


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230 votes

You have right to claim maintenance for daughter. Yours personal settlement does not defeat the legal rights of your daughter. Maintenance right is already laid down under section 125 of the Criminal Procedure Code and for this purpose you have to move appropriate claim petition before the Magistrate Court.

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