NAGENDRAPPA NATIKAR versus NEELAMMA

NAGENDRAPPA NATIKAR versus NEELAMMA

A suit filed by a wife under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 is maintainable despite a compromise in Section 125 Cr.P.C. proceedings accepting a consolidated amount for permanent alimony; an order under Section 125 Cr.P.C. does not preclude the civil remedy under Section 18 of the Act.

Parties
Petitioner: Nagendrappa Natikar; Respondent: Neelamma
Jurisdiction
India
Judgment Date
15 March 2013
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on Appeal From High Court
Outcome
Special Leave Petition dismissed
Legal Topics
Maintenance, Hindu Adoptions and Maintenance Act, 1956, Code of Criminal Procedure, 1973 Section 125, Compromise Decree, Contract Act, 1872 Section 25
Family Law Maintenance Hindu Adoptions and Maintenance Act, 1956 Code of Criminal Procedure, 1973 Section 125 Compromise Decree Contract Act, 1872 Section 25

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Parties

Nagendrappa Natikar

Petitioner

Neelamma

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether a compromise entered under Order 23 Rule 3 CPC, granting permanent alimony and giving up future maintenance claims, accepted in a proceeding under Section 125 CrPC, precludes the wife from claiming maintenance in a suit filed under Section 18 of the Hindu Adoptions and Maintenance Act, 1956.

Ratio Decidendi

A suit filed by a wife under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 is maintainable despite a compromise in Section 125 Cr.P.C. proceedings accepting a consolidated amount for permanent alimony; an order under Section 125 Cr.P.C. does not preclude the civil remedy under Section 18 of the Act.

Court Disposition

Special Leave Petition dismissed

Orders

  • Petition dismissed in limine