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Krish Narayan (Advocate)     28 September 2011

Does any right exist for a wife after dmc under s. 13 b?

Dear Experts,


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



 5 Replies

Manoj Choudhary (Advocate)     28 September 2011

No, she does not has any right to claim again in the properties of her ex-husband. If she do so she will not get succeeded in the same at all. best of luck..

1 Like

Tajobsindia (Senior Partner )     28 September 2011

@ Author

Under your last para advise to your client what you says is the truth. However the catch here for furtre may be if she remains un-married then under change of circumstances she can approach Court for enhancement and court shows lenient views. Bit this may not happen so soon give or take I have seen such errant ex wives comig back to Court after average 4 years.

Your case (decree) is solid packed and wish the last sentence would have been mentioned in Agreement / Compromise Deed jointly executed between them based on which the MCD Decree was passed. Never the less your last para stands right and currently no need to worry from her.

[Off the records see to it that she gets re-married soonest possible by third party not you nor your client for such deeds then she will never have any claim whatsoever and it will be the next bakra who will face her in her second innings!]

1 Like


"it will be the next bakra who will face her in her second innings!]"

r we bakra?!!!!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 October 2011

Ably replied by Tajobs,


However, the property you own is a consideration for permanent alimony or alimony u/s 25 of HMA.


The same can be filed anytime after the passing of the decree.




Shonee Kapoor

1 Like

Krish Narayan (Advocate)     16 October 2011

Thanks Experts.

@ Shonee ji,

It is given to understand by my client that the wife has got job in a school as a teacher and drawing monthly salary. Then she is taking private tutions and earning money. Moreover my client has given 15 lacs to her child. As per decree she is entitled to withdraw the interest once in 3 months, till the child attains majority. Thus she is drawing approx. Rs.25000/- per month.

All these can be proved easily. 

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