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Diwakar Bhardwaj   02 December 2017

Section 125

My spouse filed a case under 125, domestic violence and divorce in year 2014. My Lawyer gave reply against the above mentioned sections. However, spouse have withdrawn the case in year 2016 and also took divorce by showing ex - party. Now again she have filled a case again section 125. So, my question is that, if it's possible to case under this section again ?


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Vijay Raj Mahajan

Vijay Raj Mahajan (Advocate)     02 December 2017

Yes. Even after taking divorce, the ex-wife or divorcee wife can seek maintenance under section 125 Cr. P. C if she had no income or source of income to maintain herself and she has not remarried.
Diwakar Bhardwaj

Diwakar Bhardwaj   02 December 2017

But sir she already filled a case once and then withdrawn it. Can she file it again and again ?
Saket Singhal

Saket Singhal   02 December 2017

Yes absolutely, she can file case AGAIN under sec 125 for maintenance unless she re marries or has employment.
Kumar Doab

Kumar Doab (FIN)     02 December 2017

You can benefit from the above advises.

Meet the contentions of Ex. spouse on merits.

 

Diwakar Bhardwaj

Diwakar Bhardwaj   02 December 2017

Sorry Sir, I didn't get you.

(Guest)

You have to pay her maintenance even if she did not remarry, or is with somone till  she dies you have to pay alimony to her.

Diwakar Bhardwaj

Diwakar Bhardwaj   04 December 2017

first time when she filled, decision was given by lok adalat.

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