Legal Advice

How to get maintenance after the withdrawal of an application under section 125 crpc

Question: Sir, I want to know that How to get maintenance after the withdrawal of application under section 125 crpc? My husband cheated me and deceitfully took my consent in the compromise deed. He promised to pay 45 lakh rupees as one-time settlement for the divorce and relinquishment of maintenance. I was in deep frustration because my husband has an extramarital relationship and my marriage was broke out within one and a half years. My parents were also not ready but due to immense pressure from all the sides, they gave consent. He filed that compromise deed in the court and disposed of all the litigations. After getting divorced and settlement of all the legal proceedings he refused to perform the terms of compromise deed. Now I am facing a financial crisis and he refused to give any assistance what should I do?

Advise

If you have withdrawn all the cases from the court but your right to maintenance is still subsisting, you may still be entitled to maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956. This is especially relevant if your husband has played fraud and deceitfully taken your signature on a compromise deed. In this blog post, we will explore the legal remedies available to you in such a situation.

Filing a Civil Suit under Section 18 of the Hindu Adoption and Maintenance Act

If you are in a situation where you are entitled to maintenance, you should move a civil suit under Section 18 of the Hindu Adoption and Maintenance Act, 1956. This provision provides for the maintenance of a Hindu wife by her husband during her lifetime, even if she is living separately from him. If the husband has deserted his wife without reasonable cause or her consent, committed cruelty to such an extent which causes reasonable apprehension in the mind of the wife that it will be harmful or injurious to live with her husband, or has any other wife living, the wife is entitled to maintenance.

Withdrawal of an Application under Section 125 of the Code of Criminal Procedure

It is important to note that the order of maintenance made under section 125 of the Code of Criminal Procedure is tentative and subject to the final determination of maintenance by a competent Civil Court. Therefore, section 125 CrPC does not impose any restriction on claiming maintenance under Section 18 of the Hindu Adoption and Maintenance Act. This means that you can claim maintenance under Section 18 even though you have withdrawn your application under section 125 of the Code of Criminal Procedure.

Void Compromise Deed under the Indian Contract Act

If your husband has cheated you by making false promises in a compromise deed, it is important to note that the compromise deed is void according to the provisions of the Indian Contract Act. Your husband had no intention to perform his promise at the time of making the compromise deed, and therefore that deed is void under section 19 of the Indian Contract Act.

Appeal to Set Aside the Consent Decree

If your husband has played fraud and the compromise deed is void, you should file an appeal before the appellate court to set aside the consent decree. Your husband did not perform his promise which he made in the compromise deed, and all the promises are false and frivolous. He had no intention to perform his promise despite signing the compromise deed. All these facts are sufficient to set aside the consent decree.

Conclusion

In conclusion, if you are in a situation where you are entitled to maintenance and have withdrawn all the cases from the court, you can still claim maintenance under Section 18 of the Hindu Adoption and Maintenance Act. It is important to note that the order of maintenance made under section 125 of the Code of Criminal Procedure is tentative, and that a compromise deed may be void if your husband played fraud. If you are facing such a situation, it is advisable to consult a lawyer and file a civil suit under Section 18(2) of the Hindu Adoption and Maintenance Act.

Shivendra Pratap Singh

Advocate

High Court Lucknow