Section 127 of cr.p.c.
G.S. Nagaraj
(Querist) 31 August 2012
This query is : Resolved
proceedings u/s 127 of cr.p.c.- in lok-adalath, wife compromised with husbaand by receiving Rs. 1,00,000/- from him towards her life time maintainance and she stated that she would not claim any maintainance in future.Whether she can file any maintainance petition/suit against her husband in future? whether that compromise at lok-adalath would operate as res-judicata against wife?
Devajyoti Barman
(Expert) 31 August 2012
Since agreement to waive legal right has no force in law, it would never operate as res judicata.
Right to maintenance is a continuing right which can be exercised at any point of time if required conditions are fulfilled.
G.S. Nagaraj
(Querist) 01 September 2012
proceedings u/s 127 of cr.p.c.- in lok-adalath, wife compromised with husbaand by receiving Rs. 1,00,000/- from him towards her life time maintainance and she stated that she would not claim any maintainance in future.Whether she can file any maintainance petition/suit against her husband in future? whether that compromise at lok-adalath would operate as res-judicata against wife?
Devajyoti Barman
(Expert) 01 September 2012
You have repeated the same query again?
Arun Kumar Bhagat
(Expert) 15 October 2012
Order passed by Lok Adalat operates as Decree and no appeal lies against that. Permanent alimony will act as curtailing the right for future maintenance.
