alimony and maintainance.

pushpakrishna (Querist) 23 July 2015 This query is : Resolved
Dear Experts ,
In HMOP filed by husband for divorce granted(two days back) by the court and awarded some amount as ALIMONY. wife filed petition after filing the divorce petition by her husband in another Court u/s 125 Cr.pc which is pending for disposal. can that court also can grant the maintenance.what is the effect.kindly give me a suitable advice on this .thanq,

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M/s. Y-not legal services (Expert) 24 July 2015
yes.

wife is entitled to claim maintenance from husband even though obtained divorce from court.

M/s. Y-not legal services (Expert) 24 July 2015
same time if the divorce by mutual consent mean wife can not claim maintenance after divorce decree..

like that if divorce decreed in the ground of adultery mean there also no need to give maintenance

P. Venu (Expert) 24 July 2015
There is no need to provide maintenance if the wife is employed or educated and/or qualified for employment.

Rajendra K Goyal (Expert) 24 July 2015
Wife may be awarded maintenance u/s 125. However, bring the fact before the court that she has already been awarded maintenance under some other section. If she is earning bring the fact before the court with proofs including her educational background.

T. Kalaiselvan, Advocate (Expert) 31 July 2015
Yes, she can get the relief of maintenance through the criminal law cr.p.c. 125 case too besides getting alimony in the civil case after divorce was granted.

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