Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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subhash chandra bose (to improve my drafting knowledge)     01 May 2011

Maintanance

Can we cancel the previous order of maitance for obtain the other order to take single time settlemet to give divorce her spouce,



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 8 Replies

Arvind Singh Chauhan (advocate)     01 May 2011

If it has been awarded under 125,  it can be altered but accoring to conditions mentioned under Sec 126 Cr.P.C.

Tajobsindia (Senior Partner )     01 May 2011

@ Ld. Arvind

If you may allow me to make small correction then it is U/s 127 CrPC done and not under S. 126 CrPC and moreover the brief is asking about “one time settlement which means possibilities to send spouse for mediation to iron out issues and come at mutual consent divorce !”

@ Author

The maint. Order is under which Code / Act / Section is not clear. However irrespective of Act / Code if it is interim then you and the concerned Court can't forecast for how many months / years the case is going to run in concerned Court so "one time willingness to meet interim maint. Order is no plea" if that is assumed situation I understand if not then read next para.


Concerning this maint. order in your brief, you may submit before Court to send both spouse for "mediation proceedings" where settlement on one time alimony can be proposed to other side.   The trick here is to send first feelers in other party camp "if they are open for one time settlement to arrive at Mutual Consent Divorce !" by settling all issues of both parties via Court mediation ? If they come half way on this feeling proposal then propose to concerned Court above submission and as you may deem think fit as per personal situation you may carry forward.

 

ADV Rajesh KASRIJA (ADVOCATE)     01 May 2011

Yes u can make one time settlement with your spouse in this instrument u must  write one para that we are agree one time settlement that she has receive lumsum maintenance for her whole life of rs……………………. Which is sufficient for her life time.

Thank you  

Adv Rajesh Kasrija

Arup (UNEMPLOYED)     02 May 2011

yes.

please follow mr arvind and rajesh.

Arup (UNEMPLOYED)     02 May 2011

sorry, and mr rajesh.

ADV Rajesh KASRIJA (ADVOCATE)     03 May 2011

THANKS SIR
 

subhash chandra bose (to improve my drafting knowledge)     10 May 2011

in abovesaid case.

husband is cr.p.f javaan. he harrasing the wife.

wife came to her parents house, and she says i dont go back to my husbands home, because they harrasing me physically and mentally,

so, husband filed divorce petition. And counter of that divorce petion, she filed restitution of conjugal right and she also filed maintance petition.

Hon'ble ordered to give maintanance to wife and child(18 months child). 

Husband noth giving maintance to her wife and child. ( he gaved only 4 months maintance). and he also harrasing her to give divorce. Now, 9 months maintance is pending.

Finally, whatever it happened, wife also ready to give divorce. So, which kind of maintance she ask.

ADV Rajesh KASRIJA (ADVOCATE)     10 May 2011

Which is sufficient for her life time.

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