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True Colors of a Vile Wife

Tag: Maintenance after Mutual Consent Divorce

Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004

Posted on May 22, 2024 by ShadesOfKnife

A division bench of the Apex Court held that Once MCD done with no future claims, maintenance cannot be claimed later.

It is based on the said compromise the appellant obtained a divorce as desired by her under Section 13(B) of the Hindu Marriage Act and in partial compliance of the terms of the compromise she withdrew the criminal case filed under Section 125 of the Criminal Procedure Code but for reasons better known to her she did not withdraw that complaint from which this appeal arises. That apart after the order of the High Court quashing the said complaint on the ground of territorial jurisdiction, she has chosen to file this appeal. It is in this background, we will have to appreciate the merits of this appeal.

Learned counsel appearing for the appellant, however, contended that though the appellant had signed the compromise deed with the above-mentioned terms in it, the same was obtained by the respondent-husband and his family under threat and coercion and in fact she did not receive lump sum maintenance and her Stridhan properties, we find it extremely difficult to accept this argument in the background of the fact that pursuant to the compromise deed the respondent-husband has given her a consent divorce which she wanted thus had performed his part of the obligation under the compromise deed. Even the appellant partially performed her part of the obligations by withdrawing her criminal complaint filed under Section 125. It is true that she had made a complaint in writing to the Family Court where Section 125 Cr.P.C. proceedings were pending that the compromise deed was filed under coercion but she withdrew the same and gave a statement before the said court affirming the terms of the compromise which statement was recorded by the Family Court and the proceedings were dropped and a divorce was obtained. Therefore, we are of the opinion that the appellant having received the relief she wanted without contest on the basis of the terms of the compromise, we cannot now accept the argument of the learned counsel for the appellant. In our opinion, the conduct of the appellant indicates that the criminal complaint from which this appeal arises was filed by the wife only to harass the respondents.

Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004

Citations:

Other Sources:
https://indiankanoon.org/doc/1892287/
https://www.casemine.com/judgement/in/5609adf3e4b01497114129dc

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act Sec 13B - Divorce by Mutual Consent Landmark Case Maintenance after Mutual Consent Divorce Mutual Consent Divorce Reportable Judgement or Order Ruchi Agarwal Vs Amit Kumar Agrawal and Ors | Leave a comment

Maintenance after Mutual Consent Divorce

Posted on May 24, 2022 by ShadesOfKnife

A (legal) cancer that is (Multiple) Maintenance after Mutual Consent Divorce dealt by various Courts.

  1. Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004 [SC: Once MCD done with agreement on no future claims, maintenance cannot be claimed later]
  2. Ganesh Vs Sudhirkumar Shrivastava and Ors on 22 Apr 2019 [SC: A Mother getting MCD could not have waived off the right to maintenance of her daughter from her father]
  3. Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 [SC: Lots of guidelines for the menace of maintenance litigation in India]
  4. Prasenjit Mukherjee Vs State of West Bengal and Ors on 02 Sep 2021 [Calcutta HC: Referred to Larger (Division Bench)]

 


Index of Maintenance judgments under Hindu Marriage Act is here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Maintenance after Mutual Consent Divorce | Leave a comment

Ganesh Vs Sudhirkumar Shrivastava and Ors on 22 Apr 2019

Posted on May 24, 2022 by ShadesOfKnife

Supreme Court says,

Terms from Consent Sheet for MCD:

5) The applicant has released the right of, monthly maintenance, permanent alimony and stridhan on non-applicant.
6) The applicant has released the right of monthly maintenance to the daughter with the non-applicant. The applicant has fully accepted responsibility

Before we part with, we must also express our reservation insofar as Term No.6 is concerned, which was incorporated in the order on 08.11.2017 by the Principal Judge, Family Court, Aurangabad. It was certainly open to the wife to give up any claim so far as maintenance or permanent alimony or stridhan but she could not have given up the rights which vest in the daughter insofar as maintenance and other issues are concerned.
We, therefore, exercising our powers under Article 142 of the Constitution of India, set-aside Clause (6) of the Consent Terms. Rest of the order stands unaltered and ought to be given effect to.

Ganesh Vs Sudhirkumar Shrivastava and Ors on 22 Apr 2019
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Ganesh Vs Sudhirkumar Shrivastava and Ors Maintenance after Mutual Consent Divorce | Leave a comment

Prasenjit Mukherjee Vs State of West Bengal and Ors on 02 Sep 2021

Posted on May 24, 2022 by ShadesOfKnife

A single judge of Calcutta High Court held as follows:

On an examination of the controversy involved in the present case in the background of the law laid down in Rakesh Malhotra (supra) once it comes to the knowledge of the learned Magistrate that the marriage between the parties have been dissolved by a decree of divorce under the relevant provisions of Section 13B of the Hindu Marriage Act and it is found that the wife has received a lump-sum amount as onetime payment towards maintenance, what would be the procedure adopted in the following circumstances:
(a) A fresh case under Section 125 of the Code of Criminal Procedure is filed.
(b) The proceedings under Section 125 of the Code of Criminal Procedure was pending and the Civil Court has dissolved the marriage by decree of divorce and there was no information before the Civil Court regarding the pendency of the proceedings under Section 125 of the Code of Criminal Procedure.
(c) Procedure/steps to be adopted by the learned Magistrate if the proceedings under Section 125 of the Code of Criminal Procedure and the proceedings under Section 13B of the Hindu Marriage Act (which has already been decided) are in different sub-divisions or different districts or different States.
As the aforesaid questions involve serious ramification so far as the proceedings under Section 125 of the Code of Criminal Procedure are concerned, I am of the view that the same is to be referred and settled by a Larger Bench (as there are conflicting judgments of this Court on the point).
Accordingly, the record of the case be placed before The Honโ€™ble The Chief Justice (Acting), High Court at Calcutta.

Prasenjit Mukherjee Vs State of West Bengal and Ors on 02 Sep 2021

The case was ordered to be listed but it’s been over 8 months, the Judges did not find time to look in it…

Prasenjit Mukherjee Vs State of West Bengal and Ors on 10 Sep 2021 (List Matter)
Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Adjustment is Permissible in Multiple Maintenances Maintenance after Mutual Consent Divorce Multiple Maintenances Orders Prasenjit Mukherjee Vs State of West Bengal and Ors Question of Law Involved Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr Referred to Large Bench | Leave a comment

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