Ajay (engg) 23 August 2011

125 after mutual divorce

i would like to know if a lady can file 125 after getting mutiual divorce. She is well qualified MCOM + MBA.

I have already paid 4 lacs in full and final settelement in HC mediation center and on which wriiten she wont claim any maintinance after that.

In divorce papers also written after this both parties will bear thier living cost by thier own.

Need advice how to fight this case is there any chance court can direct me to pay money to her ?

Reply Follow

7 Replies

adv. rajeev ( rajoo ) (practicing advocate) 23 August 2011

There is a full and final settlement and she has given up her rights to claim the maintenance so she cannot claim maintenance after divorce.

Advocate M.Bhadra 23 August 2011

wife can claim maintenance where the marriage has been dissolved by mutual consent, if the divorced wife unable to maintain herself can claim maintenance till she re-marries.(Sadasivam Pillai Vs. Vijaya Lakshmi 1987 Cr LJ 765(1986)3 Crimes508 (1987) 1Ker LT 381.However you may file an objection for you have already paid one time alimony.

Ajay (engg) 23 August 2011

Hi,

Thanks for reply. I would like to understand another thing- In HC order this is written-

The matter relates to matrimonial dispute which has been settled by the
parties through the Mediation Centre. As per terms of agreement,
parties have settled that they will not prosecute any proceeding in any
Court pending on the date of compromise.

125 was filled few days back before this order is this cover that all the pending cases will be terminated from this order date. also in this case how much amount court can grant if goes in her favour.

isnt a case of contempt of court ? 125 things were hidden even after 8 dates they mannaged court and looking for exparte ?