Dear Querist
the matter is settle and she can not claim maintenance again from you.
Re-file court case
Dear sir i have a court case in family court section 125 it has been settled/compromise and. she give a application / to in court that i have receive 10 lakh for the whole life expenses and in future i will never demand for the same so please dismiss the court case . she give application to withdraw case not give bayan in court. I want to know if case is withdrew can she re file the court case again .. Pls help.
Asked 10 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
She 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
Smt. Manoka Chatterjee vs Sri Swapan Chatterjee And Anr. on 13 December, 2001
Equivalent citations: (2002) 2 CALLT 336 HC
Author: A Barua
Bench: A Barua
JUDGMENT
A. Barua, J.
" In my view, 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 in the case of K. Pandian v. A. Savithiri reported in 1999 Cri. L.J. 8, that the mere fact some amount is given to wife for future maintenance would not disentitle her from claiming maintenance."
Hi,
Yes your wife can claim maintenance through afresh petition under criminal or civil law either in a magistrate court or district/family court, in some cases before a civil court if any property claims. The settlement and withdrawal on the basis of settlement does not take away a wife' right of future maintenance as her husband divorced or not and till she can maintain herself or get married .Of course the lump sum amount paid will be considered when she ask for maintenance in future .
ideally the crpc 125 should have been withdrawn on the basis of MOU and payemt made and statement to that effect that she has received the payemnt and will not file in future
yes your wife can again make claim for maintenance on account of change in circumstances
. it is well settled law as laid down by many judicial pronouncements that "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."
the amount of Rs 10 lakhs already paid would be considered by court when her application for maintenance is considered by court in future .
When the matter settled then question of claiming does not arise.
if the matter is full n final settled than she will not claim at all
generally no one claims if claims she has to prove in court she need more maintenance based on circumtrances
