March 28, 2014

After 20 years, an ex wife returns to ask from ex-husband for maintenance - A case story

Recently, I came across a strange case.

20 years ago, a husband and wife parted.

Husband paid lump sum amount and wife forego all her rights to future maintenance.

The Judge passed order on compromise. The dispute was given a cold burial.

They parted.

The husband remarried and began to live with new wife. He has now children. He has forgotten all about his ex wife.

The ex-wife remained unmarried all these years.

After 20 years, she knocked at the doors of court and claimed maintenance from husband under Sec.125 of Cr.P.C.

The husband showed to court those compromise orders passed by courts 20 years ago...According to him, the relationship of husband and wife had ended 20 year ago.

The court rejected argument of husband and ordered husband to pay maintenance to his ex-wife every month.

Husband lost appeal in High Court.

Now the case is in Supreme Court.

Poverty of parties:-

Here, the ex wife and this husband, both are poor. One wonders why such burdens of deciding heavy legal issues fall on shoulders of poor.

Haresh Raichura
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