NAGENDRAPPA NATIKAR – Appellant
Versus
NEELAMMA – Respondent
What is the effect of a compromise on permanent alimony in a proceeding under Section 125, CrPC on the remedy available under Section 18, HAMA? What is the maintainability of a suit for maintenance under Section 18, HAMA, despite a compromise reached between parties under Order XXIII, Rule 3, CPC in a Section 125, CrPC proceeding?
Key Points: - A compromise reached between parties under Order XXIII Rule 3 of the Code of Civil Procedure, agreeing for a consolidated amount towards permanent alimony and giving up future claims, accepted by the Court in a proceeding under Section 125 of the Code of Criminal Procedure, does not preclude the wife from claiming maintenance in a suit filed under Section 18 of the Hindu Adoption and Maintenance Act, 1956 [1000526450001][1000526450008]. - Section 125 Cr.P.C. is intended to provide a summary and speedy relief and not a full and final determination of the status and personal rights of parties [1000526450009]. - Any order passed under Section 125 Cr.P.C. by compromise or otherwise cannot foreclose the remedy available to a wife under Section 18(2) of the Hindu Adoption and Maintenance Act, 1956 [1000526450010]. - A suit for maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956 is maintainable in spite of a compromise reached between the parties under Order XXIII Rule 3, CPC (!) . - The Family Court decreed the suit holding that the respondent is entitled to monthly maintenance of Rs.2,000/- per month from the defendant husband from the date of the filing of the suit [1000526450005]. - The petition was dismissed [1000526450011].
JUDGMENT
K. S. Radhakrishnan, J.:- Delay condoned.
2. The question that is raised for consideration in this case is whether a compromise entered into by husband and wife under Order XXIII Rule 3 of the Code of Civil Procedure (CPC), agreeing for a consolidated amount towards permanent alimony, thereby giving up any future claim for maintenance, accepted by the Court in a proceeding under Section 125 of the Code of Criminal Procedure (CrPC), would preclude the wife from claiming maintenance in a suit filed under Section 18 of the Hindu Adoption and Maintenance Act, 1956 (for short “the Act’).
3. The marriage between the petitioner (husband) and respondent (wife) took place on 24.5.1987. Alleging that the petitioner is not maintaining his wife, respondent filed an application under Section 125 CrPC for grant of maintenance before the 1st Additional JMFC at Gulbarga, being Misc. Case No. 234 of 1992. While the matter was pending, an application was preferred by the parties under Order XXIII Rule 3 CPC on 3.9.1994 stating that the parties had arrived at a compromise, by which the respondent had agreed to receive an amount of Rs.8,000/- towards permanent alimony and that she would not
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