Maintenance

Maintenance

Wife Can File For Maintenance Under Section 125 of the Criminal Procedure Code Even After Receiving Alimony:

Punjab & Harynana High Court the case concerned a 1983 wedding between the parties. They began living apart in 1993 following a marital argument between the two. The husband paid Rs. 3 lac as full and final alimony settlement for his wife's and their two children's past, present, and future claims of maintenance pursuant to a written compromise established in 1993. However, the wife filed a Section 125 petition for maintenance in 2007, and the Additional Sessions Judge in Pathankot ultimately ruled in her favour in 2016. As a result of this decision, the wife was given maintenance at a rate of Rs. 15,000 per month. This infuriated the husband, who then filed the current petition under Section 482 of the Criminal Procedure Code to have the Additional Sessions Judge's Pathankot judgement set aside. The Punjab and Haryana High Court has noted that even though a wife has already received a lump sum payment from her husband as alimony, she may still submit a claim for maintenance under Section 125 of the CrPC.