SHAMSI AZMI & ORS Vs. STATE & ANR

JUDGEMENT

(1.) Crl.M.A.19659/2017

(2.) The petitioner No.1 as well as respondent No.2 had entered into a settlement whereby it was agreed that a sum of Rs. 12 lakhs shall be paid to her in full and final settlement of all her claims as well as the claims of the child of the parties (i.e. the applicant herein). Apart from the said amount of Rs. 12 lakhs it was also agreed in the settlement that the petitioner No.1 shall pay a sum of Rs. 8,000/- per month towards maintenance of the applicant till she attained the age of 21 years or she got married whichever was earlier.

(3.) The present application has been filed by the daughter claiming reimbursement of educational expenses incurred on her education as well as maintenance. It is contended that the applicant has an independent right of maintenance and reimbursement of education expenses and any agreement entered into by the mother crystallizing her claim and/or giving up right to her claim amount over and above the agreed amount was not legal and the applicant is entitled to claim maintenance independent of the said compromise.