Spouse can file upkeep plea even after alimony: HC

Spouse can file upkeep plea even after alimony: HC

Tribune Information Service

Chandigarh, January 5

The Punjab and Haryana Excessive Court docket has made it clear {that a} spouse can file a petition underneath Part 125 of the CrPC for upkeep in a matrimonial dispute even after the matter has been compromised and she or he has obtained lumpsum alimony.

The ruling by Justice Amarjot Bhatti got here on a petition filed by a husband for quashing of judgment dated December 7, 2016, handed an Further Periods Decide, granted month-to-month upkeep of Rs 15,000 to the respondent spouse.

Justice Bhatti asserted it couldn’t be ignored that the spouse and the kids got Rs1 lakh every in lump sum and in addition granted Rs 1,500 per thirty days as lease vide a compromise dated August 7, 1993. She filed the petition underneath Part 125, CrPC, for the primary time in March 2007 after a niche of greater than 13 years.

It couldn’t be disputed that survival on an quantity of Rs 3 lakh following the compromise was not doable. As such, she was justified in submitting the petition underneath Part 125 CrPC claiming upkeep to take care of her single daughter and personal survival.

“It can’t be ignored that it’s not doable to outlive in a wage of Rs 17,000 and to bear the duty of her two kids, who have been going to skilled schools. She was to take care of their every day expenditure, meals, clothes, transportation, medical expenditure as and when required and different social obligations. Due to this fact, on the idea of compromise dated August 7, 1983, it can’t be stated she couldn’t file petition underneath Part 125, CrPC, after a niche of 13 years or the submitting of this petition was misuse of the method of regulation,” Justice Bhatti added.

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