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 (3)

265 votes

Yes you can claim for your daughter. And the cases filed by the second wife will also help. Please contact a lawyer for filing a case on your daughter's behalf. A daughter has all the right to claim maintenance from father

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

57 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.

Popular Divorce Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
21 years Experience
201 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.


Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles