The Punjab and Haryana High Court has ruled that a wife can seek maintenance under Section 125 of the CrPC, even if she has already received alimony from her husband in a past settlement. The court made it clear that if a woman is unable to maintain herself or her children, she has the legal right to file for maintenance.
This case involves a couple who were married in 1983 but started living separately in 1993. At that time, both parties agreed to a written compromise, and the husband paid ₹3 lakhs as a full and final alimony settlement for the wife and their two children.
However, in 2007, the wife filed a petition under Section 125 CrPC, seeking monthly maintenance. The Additional Sessions Judge in Pathankot ruled in her favor in 2016, granting her a monthly maintenance of ₹15,000.
The husband challenged the order in the High Court under Section 482 CrPC, claiming that the wife had already accepted the alimony and should not be allowed to file for maintenance again. He alleged it was a misuse of the legal system.
In response, the wife argued that she earned only ₹17,000 per month until her retirement in 2018, and this amount was not enough to cover living costs, especially as she had to bear the expenses of their two college-going children, including housing, electricity, transportation, and daily needs.
Justice Amarjot Bhatti, while dismissing the husband’s plea, stated:
“It cannot be disputed that ₹3 lakhs was not enough for a woman and two children to survive for years… ₹17,000 is not enough to handle the cost of living and the responsibilities of raising two children in professional colleges. Therefore, she was right to file the petition under Section 125 CrPC.”
The court upheld the lower court’s order, confirming that the wife was entitled to ₹15,000 per month in maintenance.
Case Title: Sunil Sachdeva v. Rashmi and Another
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