dileep (Software Business Analyst) 24 May 2016

Maintenance after exparte divorce?

Dear All Club Members,

I have a small doubt, that it was happened in my life itself. If the girl got the exparte divorce, after 1 year she filed a petition to get the dowry back from the person which was already returned to her parents. is it acceptable by the court?!!.

Please give me the response for this

Thanks

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3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 25 May 2016

Are U the husband or acting on his behalf?

Vijay Raj Mahajan (Advocate) 25 May 2016

Divorced wife can seek maintenance from the ex-husband under section 125 Cr.P.C if she has no means to maintain herself.

The dowry articles such as her jewelary etc. are the absolute property or the istridhan of the wife that she can claim anytime after these were taken away or kept by her with other party, usual time limit for claiming back her absolute property or the istridhan through court is 3 years from the time it was in possession of the other party.

If she was returned her absolute property or istridhan, the proof of the same can be brought on the record of the case in the court.

Vakalath (Vakeel No. 1) 25 May 2016

Once divorce granted, that too after exparte orders, maintenance applications ususally fail. Even if husbnd wont pay, regular routine of warrant, NBW etc etc attachment of property etc, but if no property in name of exhusband then tirpathi panganama to wife forehead, thats all.

If remarry or go for live in relations, then again no maintenance.

Pursuing maintneance case aftr exparte orders of divorce is waste of time and energy.