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Can girl still file case for maintenance after final settlement?
13-May-2023 (In Divorce Law)
My younger brother got married in January 2012 and took annulment in January 2013 and in August 2013 his case was settled by paying Rs. 8 lacs as final settlement. No other claim or charge was brought in by the other party. Can the girl's side still put a case / claim?
We have got summons from the court now for maintenance. What should we do? Also, please advice on how is the maintenance calculated?
Firstly, did you enter into a settlement agreement at the time of annulment? If yes, then she cannot claim any further amount.
However, if you did not then you shall have to adduce evidence to prove that the amount of Rs. 8 lacs was full and final settlement and that you are not liable to pay any other amount.
Legally the girl is not allowed to file any case after the settlement but the same may be done to harass the husband. As you have received the summons, you need to appear in Court and file your reply.
Lastly, there is no fixed mechanism for the calculation of maintenance. The objective is to enable the wife to live a life of dignity i.e. the same standard of living as she would have lived in case she was married. All basic expenses are covered in this but not extravagant expenditures.
Kindly contact us for any further details and action.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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