Dear Experts,
Greetings.
As per the facts of case, a hindu wife filed petition for divorce under the ground of cruelty. Interalia, she alleges in her petition that she worked along with her husband and in his mother's business concern and the husband purchased properties in his name. In reality the husband just added her for account purpose in his mother's business concern and submitted returns to IT Dept. She has no education, special knowledge or skill in the job which the husband is doing or in the business which the husband's mother is carrying out. Admittedly she has not invested any money. Moreover the premises is a office cum residence. As per records, she was paid salary. She alleges that she attended phone calls, recived the visiters, raised invoices and bills, maintained the stock registers and thus she was treated as servant.
After service of notice and hearings, it was mutually agreed between them that the husband shall pay Rs. 5 lac to her as permanent alimony as final settlement and she shall have no right whatsoever in the properties of his husband. Subsequently petition under 13B of HMA filed in which it was catagorically admitted that all disputes between the parties fully and finally settled in view of alimony and a decree for divorce on DMC may be passed. After the waiting period, the family judge recorded the depositions and a cash sum of Rs. 5 lac given by the husband to wife in his presence. Beforehand, she withdrew her first petition (cruelty) unconditioanlly and endorsed the same in that petition.
Now the wife is passing certain comments that still she has to be paid in the form of salary for which she will take steps. She left the matrimonial home about 2 years ago. Here it is pertinent to point out that the said post which the wife held in husband's mother's concern was not a formal one. Actually there was no necessity to create such post. However she received the salary and the husband paid the IT. But she alleged in her cruelty petition that the husband obtained her signatures in dotted lines.
Under these circumstances can this wife again maintain any proceedings against the husband or his mother's business concern? Can she come against the properties of her ex-husband? It is catagorically written and admitted in the 13B petition that the wife has no past, present and future claims against the husband and she has no right, title, possession, interest, interitance, succession or claim over the immovable properties or the future earnings of the husband.
I advised the husband who is being my client that any proceedings after a comprehensive settlement and DMC decree under 13 B petition is not maintainable as the decree will operate as estoppel and she cannot come again with any proceedings.
I request the Experts to kindly enlight further.
Thanks and Regards
Jayarajan.
