Can girl still file case for maintenance after final settlement?


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?

 

Answer

 

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.

 


Googling your legal issue online?

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

Popular Divorce Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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 contact a Lawyer of your choice to address your query in detail.

Related Articles


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

Legal Services

Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

I've filed divorce,lam giving maint. my wife asking for passp,bk passbk,pan cad,which she has,still threatening of police arrest.wat to do?…

Read More

I am married for 12 years and have a 11 year old son. I am married under Hindu Law. My husband is a VRS Officer from the Indian Navy. Currently workin…

Read More

My husband send me a advocate notice for divorce on the below grounds he mentioned 1. I have illegal relationship with my ex boy friend and bcoz of wh…

Read More

can my wife claim maintenance in India or Australia during divorce . presently we both live in Australia. we were married in India (2012) court marria…

Read More

Talk to a lawyer for your legal issue