Maintenance by wife After acquitel of husband and inlaws

Querist : Anonymous (Querist) 25 May 2010 This query is : Resolved
Respected Sir,

I want to know that a wife can claim maitenance from husband u/s 125 Cr.P.C. and Under HMA, after acquitel of her husband and inlaws from the case of 498-A IPC.
Is she entitled for maintenance, she has deserted without any reason, 498-A case has decided in favour of husband, husband has filed RCR U/s -9 HMA.

Pls advice me on the same legal issue, if she is entitled for maintenance, pls elobrate why and under which provision.

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Raj Kumar Makkad (Expert) 25 May 2010
Wife is entitled for the grant of maintenance allowance under same section 125 Cr. P. C. even though her filed case under section 498A has failed.

I suggest why husband has filed RCR instead of divorce. His filing RCR entitles his wife to claim maintenance allowance from him.

Devajyoti Barman (Expert) 25 May 2010
The wife even if divorced can claim maintenance provided she has not remarried.The acquittal in criminal case has got nothing to do with the wife's right to maintenance. However if you could prove that she has left her marital home on her own accord then the maintenance can be avoided.

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