Supreme Court · 2013 INSC 168 · Decided 15 March 2013

Nagendrappa Natikar v. Neelamma

Court
Supreme Court of India
Citation
2013 INSC 168 · [2013] 2 S.C.R. 426
Case number
SPECIAL LEAVE PETITION (CIVIL) No. 11800/2013
Decided
15 March 2013
Bench
K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CrPC Section 125; CPC Section 125; Contract Act Section 25

Headnote

HINDU ADOPTIONS AND MAINTENANCE ACT, 1956: c s.18 - Suit claiming maintenance by wife - Held: Is maintainable inspite the compromise reached between the parties, under 0. 23, r. 3 CPC and an order u/s 125 CrPC based thereon granting permanent alimony - Code of Criminal Procedure, 1973 - s.125 - - 0. 23, r.23 - Contract Act, 1872 - s.25. In the instant petition filed by the husband, the question for consideration before the Court was: whether a compromise entered into by husband and wife under 0. 23, r. 3 CPC, agreeing for a consolidated amount E towards permanent alimony, thereby giving

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