Is wife entitled to claim maintenance after mutual consent divorce, payment of lumpsum? Calcutta High Court refers matter to larger Bench

Since the issue involved serious ramifications in so far as the proceedings under Section 125, CrPC were concerned, the single judge opined that the same should be referred to and settled by a Larger Bench.
Calcutta High Court
Calcutta High Court
Published on
3 min read

The Calcutta High Court recently referred to a larger Bench the question of whether a wife can claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC) after the marriage has been dissolved by a divorce decree on mutual consent under Section 13B of the Hindu Marriage Act and the payment of a lump sum as full and final settlement. (Prasenjit Mukherjee v. State of West Bengal and Ors.)

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