Maintenance to wife and children


Dear Sir/Madam,

Husband got ex-parte divorce decree on 11-July-1996.

No maintenance was granted to wife and children who were minors at the time of issue of the divorce decree. As of today, it is 22 years passed.

Now, my question is whether the first wife can get any maintenance when approached the court of law after passing these many years.

Thanks in advance.

PD

 
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She has right to claim maintenance if she's not remarried .
 
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Advocate

Divorced wife can claim maintenance from divorced husband under section 125 CrPC anytime if she is not married, has no source of income for her maintenance.
 
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Dear Sir, 

Do this maintenance case filed freshly as a new case or the party should bring documents related from the Advocate on wife's side, and if no documents available except divorce decree of the husband.

Can the son's of wife file a case of maintenance in person and plead accordingly?

Thanks in advance

PD

 

 
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Usually X party divorce can be challenged by set aside of exparty decree by filing petition.but in Ur case it shows it u have not taken seriously till today.if he was child at that time how did the court give so easy decree. After 22yrs why do u want maintenance upto to today who were serving wethethet she has gone to her parents house.how did he serve up to date. She can file maintenance petition along with divorce decree copy. As her son is major he cannot claim maintenance.
 
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Dear Sir, On mother's behalf, can the son file the maintenance petition. Thanks PD

 
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No son cannot claim maintenance on behalf of mother . Contact local advocate and take his advice.
 
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N.A

Originally posted by : pdiksh*tkumar
Dear Sir/Madam,

Husband got ex-parte divorce decree on 11-July-1996.

No maintenance was granted to wife and children who were minors at the time of issue of the divorce decree. As of today, it is 22 years passed.

Now, my question is whether the first wife can get any maintenance when approached the court of law after passing these many years.

Thanks in advance.

PD

 

She can claim maintenace but chances are very low.

Because opposite party will ask how did she managed to survive till the filing of case. And obviously it will prove the earning capacity of her. And person having earning capacity is not entitiled to get maintenance.  


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Originally posted by : Sachin
She can claim maintenace but chances are very low.

Because opposite party will ask how did she managed to survive till the filing of case. And obviously it will prove the earning capacity of her. And person having earning capacity is not entitiled to get maintenance.  

At the time of this case, when wife filed for maintenance, the husband who is a government employee, always found all the possible ways to escape in accepting the order of maintenance and lastly, he started getting absconded from his duties for 3 to 6 months' period and this happened multiple times and he absconded from duties many number of times; experiencing this behavior from husband, wife got vexed and did not show interest to attend court and hence, at that time, husband got ex-parte decree.

 
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As he is govt employee u can file maintenance petition for attachment of salary at the time of evidence u submit entire order sheet of ex party divorce decree with .certified copies.

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