125 Cr.P.C.

Arvind Singh Chauhan (Querist) 24 December 2009 This query is : Resolved
Sir wife agreed on a stamp paper that she has received the maintenance for whole life and shall not claim the same in future. Later on wife files application under 125. Sir what would be the effect of this agreement in 125. Wife says she does not know about the stamp paper, which she signed earlier. Such agreement was disclosed by husband on his Objection.

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Adv Archana Deshmukh (Expert) 24 December 2009
He will have to prove the agreement.

subhash kumar (Expert) 24 December 2009
signature obtain on any agreement under undue pressure or threats deems to be null and void. wife can deny the documents and file the maintenance petition under section 125 CrPC , is maintainable .Husband has to pay the maintenance as per his status .
Adv Subhash Kumar

prakash vathore (Expert) 24 December 2009
i agree with archana, but the burden to prove that agreement is upon the husband.

Ashok Yadav (Expert) 24 December 2009
I am agree with Mr. Subhash Kumar. Wife can prove it easily that the signaure on that stamp paper were taken fradulantely or under undue pressure or threats and nothing has been paid to her, thats why she is approaching the court for maintenance.

niranjan (Expert) 24 December 2009
Have you paid the money ? Have you taken the receipt for payment ? Is this agreement signed in the presence of witness ? How this question of permanent alimoney came up? all these questions will have tobe replied when the agreement is in question..

Sukhija (Expert) 24 December 2009
Whether Agreement was a part of any proceedings before Court? Is Agreement registered? Are there any changed circumstances? These Q will be agitated to prove the document when execution of document is under dispute.Whether paid by chq? entry in bank passbook? all these questions will have to be replied when the agreement is in question.

Arvind Singh Chauhan (Querist) 24 December 2009
Sir I am clarifying more. Agreement is not registered and is only on stamp paper of Rs 10. It was also not the part of any proceeding before court yet.
Sir I have one judgment of Panjab and Hariyana HC that, Agreement surrendering the right to claim maintenance have no value, 125 is statutory right of wife.
I also have read In Mr. Battuk Lal's commentary on Cr.P.C., that Private agreement does not bar right under 125 Cr.P.C., Out of court settlement is against public policy.

Sir if you have better law please guide me.