Wife can file alimony declare even after alimony funds: HC: The Tribune India

Tribune News Service

Chandigarh, January 5th

The Punjab and Haryana High Court has clarified that a wife can apply for alimony under Section 125 of the CrPC in a marital dispute even after the matter has been compromised and she has received lump sum alimony payments.

Judge Amarjot Bhatti’s verdict, issued on December 7, 2016 on a motion by a husband to vacate the verdict, was passed by a judge for additional sessions and awarded the respondent wife Rs 15,000 a month in alimony.

Judge Bhatti maintained that it could not be ignored that the wife and children each received Rs 1,000 lump sum and also Rs 1,500 per month as rent under a compromise dated 7 August 1993. She filed the application under Section 125, CrPC , for the first time in March 2007 after a break of more than 13 years.

It could not be disputed that survival at an amount of Rs 3 lakh was not possible after the compromise. As such, she was eligible to file the Section 125 CrPC application seeking alimony to support her unmarried daughter and her own survival.

“It cannot be overlooked that it is not possible to survive on a salary of 17,000 rupees and be responsible for her two children who are in vocational colleges. She should take care of her daily expenses, food, clothing, transportation, medical expenses as needed, and other social obligations. Therefore, based on the 7 August 1983 compromise, it cannot be said that she failed to file a Section 125 CrPC petition after a gap of 13 years or that the filing of this petition was an abuse of legal process,” Justice Bhati added.

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