Maintenance

Querist : Anonymous (Querist) 28 April 2011 This query is : Resolved
my working wife has filed petition of maintenance on the basis of our three children in which she has asked to pay Rs. 40000 per month. the court has given an interim ourder of Rs. 20000 but now we have mutually agreed for closing of this case and taken mutual divorce also. i am surrerning one of my flat costing abt Rs. 27 lacs in the name of her on behalf of the child maintenance. my laywer made an agreement in which it clearly shows that she will not file any maintenance on behalf of her and children. i just want to know that even after given my flat to her and signing of the agreement can she even file any petition on behalf of her or children till they gain the age of 18.
please advise

thanx

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M.Sheik Mohammed Ali (Expert) 28 April 2011
you can easily quash the case, because you have the agreement. do one thing if your maintenance case still pending before court both are informed the court for mutual divorce and lumsum amount also.

Devajyoti Barman (Expert) 28 April 2011
No , you can not quash such case only because she agrees not to claim maintenance in future.
n future she can very much claim for maintenance as the Supreme Court in catena of decisions has made it quite clear that agreement waiving the right to maintenance is void agreement and hence not enforceable.
So just pray the she does not file such case for maintenance for herself fin future.

Arvind Singh Chauhan (Expert) 28 April 2011
If the compromise of same nature and contents has been filed in court she can't claim in future. If it out of court settlement still the right exist.

Respected Barman Sir please cite the case or attach here for to enhance our knowledge.

M/s. Y-not legal services (Expert) 29 April 2011
just you may record your mutual compromise before court of law.. if its recorded from court of law mean she can't break it..

Guest (Expert) 29 April 2011
Pray God, she continues to honour the agreement till life if not made part of the current case for maintenance and appropriate order of the court is not recorded.

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