Tribune News Service
Chandigarh, January 5th
The Punjab and Haryana High Court has clarified that under Section 125 of the CrPC, a wife can apply for alimony in a marital dispute even if the matter has been compromised and she has received a lump sum alimony payment.
Judge Amarjot Bhatti’s ruling was based on a motion filed by a husband to reverse the ruling dated December 7, 2016, dismissing a judge for additional sessions and awarding the respondent wife monthly maintenance of Rs 15,000.
Judge Bhatti maintained that it could not be ignored that the wife and children were each given Rs 1 lakh as a lump sum and also Rs 1,500 a month as rent, according to a compromise dated 7 August 1993. She filed the CrPC Section 125 petition, first in March 2007 after a hiatus of more than 13 years.
It could not be disputed that surviving on the amount of 3 lakh rupees was not possible after the compromise. Therefore, she was eligible to file the application under Section 125 CrPC, claiming alimony for the care of her unmarried daughter and her own survival.
“It cannot be ignored that it is not possible to survive on a salary of 17,000 rupees and be responsible for her two children who are attending vocational college. She should take care of her daily expenses, food, clothing, transportation, medical expenses as needed, and other social obligations. Therefore, based on the August 7, 1983 compromise, it cannot be said that she failed to file a Section 125 CrPC petition after a 13-year hiatus or that the filing of that petition constituted an abuse of legal process,” Judge Bhatti added .
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