After mutual divorce how to defend 125 a

Querist : Anonymous (Querist) 29 November 2023 This query is : Resolved
After mutual divorce from court
Female has filled for 125 a
How to defend for it

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T. Kalaiselvan, Advocate (Expert) 29 November 2023
The petition seeking maintenance under section 125 cr.p.c. can be filed even after divorce decree, provide the wife is not remarried or employed subseuently

S.JEEVAGAN, Madurai. (Expert) 29 November 2023

Petition for maintenance is maintainable under section 125 of Cr.P.C. even after the wife had received a lump-sum payment by way of alimony from the husband under some circumstances.

In the case of Sunil Sachdeva v. Rashmi and Another, reported in 2023 LiveLaw (PH) 7, the Punjab and Haryana High Court has observed that a wife can file a plea for maintenance under Section 125 of the CrPC, notwithstanding the fact that she already received a lump sum payment by way of alimony from her husband.

The single bench of Justice Amarjot Bhatti, while holding that the plea under Section 125 was maintainable, despite the settlement in 1993, has observed as under:

“It cannot be disputed that it was not possible for a lady and her two children to survive in a meagre amount of Rs. 3 lacs. it is not possible to survive in a meagre salary of Rs.17,000 and to bear the responsibility of her two children who were going in professional colleges. She was to look-after their daily expenditure, food, clothing, transportation, medical expenditure as and when required and other social obligations. Therefore, she was justified in filing the petition under Section 125 CrPC.”