Wife can file maintenance plea even after alimony: HC

Tribune News Service

Chandigarh, January 5

The Punjab and Haryana High Court has made it clear that a wife can file a petition under Section 125 of the CrPC for maintenance in a matrimonial dispute even after the matter has been compromised and she has received lumpsum alimony.

The ruling by Justice Amarjot Bhatti came on a petition filed by a husband for quashing of judgment dated December 7, 2016, passed an Additional Sessions Judge, granted monthly maintenance of Rs 15,000 to the respondent wife.

Justice Bhatti asserted it could not be ignored that the wife and the children were given Rs 1 lakh each in lump sum and also granted Rs 1,500 per month as rent vide a compromise dated August 7, 1993. She filed the petition under Section 125, CrPC, for the first time in March 2007 after a gap of more than 13 years.

It could not be disputed that survival on an amount of Rs 3 lakh following the compromise was not possible. As such, she was justified in filing the petition under Section 125 CrPC claiming maintenance to look after her unmarried daughter and own survival.

“It cannot be ignored that it is not possible to survive in a salary of Rs 17,000 and to bear the responsibility of her two children, who were going to professional colleges. She was to look after their daily expenditure, food, clothing, transportation, medical expenditure as and when required and other social obligations. Therefore, on the basis of compromise dated August 7, 1983, it cannot be said she could not file petition under Section 125, CrPC, after a gap of 13 years or the filing of this petition was misuse of the process of law,” Justice Bhatti added.

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