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Siv (engineer)     24 December 2010

Should maintenancne should be paid

Hi All,

Should I pay maintenance (interim) to my wife in CrPC-125 as directed by the High Court after the compromise is happened between the wife and husaband such that it is mentioned in the Mutual Consent Divorce (MCD) wife maintenance matters are settled between wife and husband and wife agreed to with draw the CrPC-125 case uncondtionally. This compromise condition is part of the MCD filed in the same family court and this MCD is posted for second motion (after 6 months).

If I do not file interim maintenance then can wife file execution petition in CrPC-125 case even after compromise saying that wife agreed to withdraw CrPC-125 case unconditionally (as per MCD compromise condition)



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 8 Replies

Gajender Singh (ca)     24 December 2010

wont this attaract perjury?

Siv (engineer)     24 December 2010

As per you, how does this attract perjury ....? Please explain.

Gajender Singh (ca)     24 December 2010

in mcd she submitted affidavit to withdraw 125 so if she go for execution petition doesnt it attaract perjury?

adv. rajeev ( rajoo ) (practicing advocate)     24 December 2010

In the MCD proceedings statement of wife regarding the settlement and withdrawl of criminal misc., case is recorded or not?  If it is recorded then produce it in the 125 case.

adv. rajeev ( rajoo ) (practicing advocate)     24 December 2010

In the MCD proceedings statement of wife regarding the settlement and withdrawl of criminal misc., case is recorded or not?  If it is recorded then produce it in the 125 case.


(Guest)

Unless the divorce with mutual case finalized averment in petition are no help. The terms of settlement may be placed to sec. 125 Cr.P.C. file for modification of maintenance order by concerned court.

Siv (engineer)     24 December 2010

Hi Rajeev Sir,

 

As per family court procedure, both parties submitted the MCD in the family court and signed in registers. Then the court administrator officer informed to us saying that the petition will be placed in chamber then judge will sign on it then judge will give date such that matter will be called after 6 months.

 

It appeas that judge may read the entire petition and make findings and record them. All the compromise points are mentioned in one point of the MCD petition that includes withdrawal of criminal and civil cases filed by wife and wife can not claim any future maintenanace and wife should not file any cases against husband on the incidents happened before the date of filing the MCD if any... etc.

1 Like

ramakrishna thakur (na)     07 February 2011

Dear Siv,

As long as MCD is not finalized the relationship of husband and wife subsists as the marriage is not dissolved yet.  As far as your doubt about interim maintenace is concerned it is not clear whether the terms of compromise are recorded by the Court or not.  If a compromise deed is indeed recorded by a Court and signed both parties concerned in which wife agrees to forego her claims of maintenance and alimony I see no reason why the Court cannot accept its finality unless ofcourse undue influence, coercsion, etc did not play a role in the culmination of the same.

Be specifict in your query sir.


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