Maintainance

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
can a divorcee claim for maintainance for her and her children?

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prabhakar singh (Expert) 08 November 2011
Yes she can, for her till she does not remarry and for children till they do not attain majority.

Guest (Expert) 08 November 2011
yes she can file until she marries again.

Shailesh Kr. Shah (Expert) 08 November 2011
Agree!no addition needed.

ajay sethi (Expert) 08 November 2011
agree with mr prabhakar singh

Rajeev Kumar (Expert) 08 November 2011
I too agree with above experts

Raj Kumar Makkad (Expert) 08 November 2011
I have also similar opinion.

Selvam Perumal (Expert) 08 November 2011
Clause (b) of Explanation to sub-section (1) of Section 125 of the Code of Criminal Procedure provides that "wife" includes a woman who has been divorced by, or has obtained a divorce from her husband and has not re-married.

A divorced wife who claims maintenance under the section must prove among other ingredients: (1) her marriage with opposite; (ii) that she has been divorced; and (iii) that she has not re-married as held by the Hon'ble Orissa High Court in Tankadhar Nath Vs. Parvathi case which is reported in 1991 (2) Crimes 723.

This Judgment is also available at: http://www.indiankanoon.org/doc/1963426/

Furthermore, her children also entitled for maintenance till they attained majority age.

Shonee Kapoor (Expert) 09 November 2011
Yes she can u/s 125 CrPC and HMA 25 (For Hindu wives only).

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com