The Calcutta High Court referred a question to a larger bench, "whether a wife can claim maintenance under the Code of Criminal Procedure (CrPC) after the marriage has been dissolved on mutual consent and the payment of final settlement has been made"

BACKGROUND 

On or around May 4, 2015, an Alipore Magistrate Court ordered the husband to pay Rs 3,000 as interim maintenance after the wife filed an application u/s 125 of the CPC. On 5th May 2015, the husband moved an application u/s 13B of the Hindu Marriage Act. The couple informed the court that they would like to settle the matter amicably. The husband was ordered to pay a sum of 2.5 lakhs as the final settlement for maintenance. Upon the payment, the wife agreed to relinquish other future claims.

After months, the Additional District and Sessions Judge passed a decree of divorce. Thereafter, during the cross-examination, the wife informed the court that she received an amount of Rs 2.5 lakhs as lump sum maintenance. 

Thereafter, the husband filed an application u/s 127 of the CPC, calling on the Alipore Magistrate Court to set aside the maintenance amount of Rs 2.5 lakhs. However, The Magistrate declined to entertain the plea as there was no whisper of Section 125 in the application made under Section 13B of the Hindu Marriage Act. And hence, he moved to the High Court for relief. 

The Court observed that the husband contended that the wife was debarred from making any additional maintenance claims under CPC. The wife argued that even after receiving an amount of 2.5 lakhs as lumpsum amount u/s 13b of the Hindu Marriage Act, she is still entitled to claim maintenance u/s 125 of the CPC. Both the parties relied on several judgements on maintenance. 

As the question involves serious ramifications regarding the proceeding u/s 125 of the CPC, therefore, Justice Tirthankar Ghosh referred it to a larger bench headed by the Hon’ble The Chief Justice (Acting), High Court at Calcutta."

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Author: Papiha Ghoshal