Even after receiving alimony, the spouse is entitled to say alimony of 125 CrPC if she is unable to assist herself Children: P&H HC
The Punjab and Haryana High Court recently ruled that a wife can apply for alimony of 125 CrPC even though she has already received a lump sum alimony from her husband.
In this case, the couple married in 1983, but due to a marital dispute, the two began living apart in 1993.
In the same year the parties reached a compromise and the husband deposited Rs 3 lakh in favor of the wife and children as permanent maintenance.
However, in 2007 the wife applied for alimony of US$125 which was decided in her favor and her alimony was granted at Rs 15,000 per month.
On appeal, the husband argued that the wife’s claim for 125 CrPC could not be upheld because the matter had already been settled by a written promise.
On the other hand, the woman claimed that until she retires in 2018, she only earns about Rs 17000 per month and is unable to support her household expenses and her children’s education.
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After hearing the submissions, the Bench of Justice Amarjot Bhatti ruled that the us 125 cause of action could be upheld notwithstanding the 1993 Settlement.
According to the court, it is not possible for a woman and her children to survive on a meager amount of Rs 3 lakh and her salary of Rs 17000 per month as her children attend college and there are also household expenses.
Therefore, the court declared that the lower court’s order to award the wife alimony of Rs 15,000 per month is correct and there is no reason to intervene.
Title: Sunil Sachdeva vs. Rashmi and others.
Case No. CRM M 5732/2017