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Jags (Test)     28 January 2014

Can file a case for maintenance after approval of divorce

Hi,

 

If Court approved Divorce under Section 13 HMA and also give direction for maintenance under section 24 HMA....then after approval of divorce can wife file a case again for maintenance under section 125 crpc.

You are requested to kindly give your inputs for the same 

Thanks & Regards,

Jags



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 January 2014

Without payment of maintenance the court may not issue divorce decree.

great india (manager)     28 January 2014

125 can be filed anytime.... tenability differs upon circumstances

Biswanath Roy (Advocate)     28 January 2014

Yes,you can file an application u/s. 125 Cr.PC for maintenance  It will not be conflicted with civil direction for payment of maintenance.

T. Kalaiselvan, Advocate (Advocate)     28 January 2014

A petition seeking maintenance u/s 125 Cr.P.C can be filed any time either before obtaining a decree of divorce or after grant of divorce. 

S.QAISAR ALI ADV. (Advocate)     28 January 2014

yes you file a petition for maintenance.

Dr J C Vashista (Advocate)     29 January 2014

Yes you can. 

vanitha.U.M (ADVOCATE)     27 March 2014

yes you can


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