Can a woman who received a lump sum payment after a mutual divorce, where she agreed not to seek maintenance, still ask for maintenance under CrPC 125 in the future if she stays unmarried? Is it against public interest to require a written agreement from her stating she won’t seek maintenance?
Best Answer
Under Indian law, a woman who received a lump sum payment during a mutual divorce, even if she agreed not to seek maintenance, can still apply for maintenance under CrPC 125 if she remains unmarried and faces financial hardship. Requiring a written agreement from her stating she won’t seek maintenance in the future is not against public interest as it reflects the parties’ understanding at the time of divorce and contributes to legal certainty.
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