quesCan ask for maintenance again after settlement?

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?

  • Planning to Divorce? Marriage Counselling can help

    Consult Now
    • ansShe 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."

    • File For Mutual Divorce With Expert Lawyers
      Know More

      Click here to see all Divorce Legal Services
    • 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 LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com 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 LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
    • Related Articles

    Consult best Divorce lawyers in India

    Similar questions

    I have booked a petition under domestic violence. Can my husband ask for my bank…
    My boyfriend and I share a house for 2 years now. On multiple occasions he…
    I married on 22nd april 2015 just 300 meter away from my home.my wife recently…
    Wife has been living separately, with her parents and not ready for mutual consent divorce…

    Divorce Lawyers in India

    Advocate Arjun Vinod Bobde

      Supreme Court of India
     Experience: 16 years

    Advocate Prashant Mendiratta

      Lajpat Nagar 4
     Experience: 24 years

    Advocate Vara Prasada Rao Tangrda

     Experience: 17 years

    Advocate Prabhjit Jauhar

      Connaught Place
     Experience: 20 years

    View all >>