Urgent help me dv and crpc125

Pandurang (Querist) 14 May 2018 This query is : Resolved
Husband filed divorce on ground of cruelty. Wife not appeared before court for hearings After getting of court summons. Ex-parte order was passed. Now wife filed maintenance under crpc 125 and DV also , my question is whether she is eligible for maintenance.

please ADVICE me

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Guest (Expert) 14 May 2018
Divorce or no divorce, maintenance is a must for wife, if she is not gainfully employed or her income is disproportionately lesser than yours, whereas DV depends upon your luck and the talent of your own lawyer. Her maintenance will be your life long liability or till the date she remarries. In such cases, nobody can help you, except your own lawyer and luck. While choosing a lawyer, you must check about his experience and track record of winning of family law cases. Avoid getting misled by touts and agents of lawyers at any cost.

Ms.Usha Kapoor (Expert) 15 May 2018
Unless wife is gainfully employed wife's maintenance is a lifelong burden on husband's head.Even if she earns her income is far less than yours or just able to meet bare necessities or living with hand to mouth existence you have got to pay additional amount as maintenance to her.Thus you'll have to maintain her till she remarries.Contact a good family lawyer.

P. Venu (Expert) 15 May 2018
Is her petition disclosing the aspect of divorce that has been decreed?

Ms.Usha Kapoor (Expert) 16 May 2018
Certainly wife is entitled fo maintenance and also has a right to file DV case where also the Magistrate may fix monthly maintenance charges. After divorce you need to pay alimony. to her which is onetime lump sum payment.