JUDGMENT : 

SHALINI SINGH NAGPAL , J.

1. This order determines two petitions, one filed by Gurmeet Kaur and the other by Prabhjot Singh both challenging order dated 21.05.2014 of learned District Judge, Family Court, Ambala, vide which Gurmeet Kaur was awarded maintenance @ Rs. 5,000/- per month with litigation expenses to the tune of Rs. 5500/-.

For clarity, the parties shall be referred to by their names.

2. In her petition, under Section 125 Cr.P.C., Gurmeet Kaur pleaded that her marriage with Prabhjot Singh was solemnized on 23.01.1998. Prabhjot Singh had been living in United Kingdom since 17.09.2004. He never cared for her or his children, neglected and refused to maintain them and ultimately Gurmeet Kaur had to take shelter in the house of her sister. She had no source of income, was unable to earn, whereas Prabhjot Singh had sufficient land in Tehsil Thanesar, District Kurukshetra and was earning Rs. 3,00,000/- per annum on batai. Besides, he was earning more than Rs. 3,00,000/- per month in United Kingdom and also had immovable property there. In this manner, total income of Prabhjot Singh was Rs. 5,00,000/- per month. She thus prayed for maintenance to the tune of Rs. 15,000/- per month besides litigation expenses of Rs. 30,000/-.

3. Prabhjot Singh contested the petition. Written statement was filed raising preliminary objections, regarding maintainability. He pleaded that Gurmeet Kaur had already received Rs.16,00,000/- as lumpsum maintenance from him. The amount was paid in civil suit titled Mewa Singh Vs. Gurmeet Kaur decided on 03.08.2010. It was mutually settled that the amount was paid in lumpsum by Prabhjot Singh to Gurmeet Kaur for herself and the minor son Harjot Singh. The written compromise was made part of the judgment dated 03.08.2010. Gurmeet Kaur had concealed material facts. The marriage of the parties was dissolved by judgment and decree dated 06.09.2007 in a petition under Section 13-B of Hindu Marriage Act titled Gurmeet Kaur Vs. Prabhjot Singh. Gurmeet Kaur was not interested in matrimonial ties and herself left the matrimonial home. After divorce, she had remarried Kirandeep Verma on 19.01.2008 at Central Gurudwara Manchester, England and was living as his wife since then. She was worth Rs.16,00,000/-, whereas he was not earning any income and was jobless in United Kingdom. He prayed for dismissal of the petition.

4. Gurmeet Kaur examined herself as PW-1, Dalip Singh as PW-2. Thereafter, she closed her evidence. Prabhjot Singh examined his father Mewa Singh as RW-1.

5. Learned District Judge, Family Court, Ambala awarded a sum of Rs. 5,000/- per month to Gurmeet Kaur from the date of filing of the petition besides litigation expenses of Rs. 5,500/-, discarding the compromise in the previous civil suit filed by father of Prabhjot Singh on the premise that Mewa Singh, who was one of the executants of the compromise, himself violated the terms and conditions thereof. Though, it was agreed that custody of minor child Harjot Singh would remain with Gurmeet Kaur, Prabhjot Singh as well as Mewa Singh filed separate petitions under the Guardians and Wards Act for custody of Harjot Singh. The agreement Ex. R-1 was not treated as a legal agreement on the basis of which maintenance rights of Gurmeet Kaur could be defeated. The same was ignored being opposed to public policy. Referring to various judgments passed by this Court and of other High Courts, it was held that even though, Gurmeet Kaur may have voluntarily surrendered her right to maintenance, she would not be disentitled to subsequently claim maintenance, by virtue of her statutory right under Section 125 Cr.P.C. Assessing the financial resources of Prabhjot Singh and status of his family, his income was assessed at Rs. 1,00,000/- per month.

6. Learned counsel for Gurmeet Kaur refers to judgments of Hon’ble Supreme Court in Nagendrappa Natikar Vs. Neelamma 2013 (2) RLW 1350, Rajnesh Vs. Neha and Another 2021 (2) SCC 324 and judgments of this Court in Ranji