Rejection of maintenance

Querist : Anonymous (Querist) 21 May 2022 This query is : Open
My wife leaving me file maintenance case (125) for her & my son. After filing said case she remarried (legally) again & kept my son to unknown place. Will maintanance application rejected ?

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Querist : Anonymous (Querist) 21 May 2022
She remarried again before divorce.

Dr J C Vashista (Expert) 22 May 2022
What is the reason/ ground for filing a case under Section 125 Cr PC for maintenance of herself and son when stated to have been living together ? Do you not provide them requisite comforts / maintenance ? Unbelievable.

You have further stated, inter alia, that,
"After filing said case she remarried (legally) again ....."
is it true statement that she has legally remarried ?

Prima facie it is a hypothetical case.

SHIRISH PAWAR, 7738990900 (Expert) 22 May 2022
Hello,

As per query, if your wife remarried after filing 125 crpc maintenance case in that case, your wife will not be eligible for maintenance, however, you cannot avoid the liability towards your son. You have good grounds to defend as per case stated by you.

Querist : Anonymous (Querist) 22 May 2022
Sir,
I have filed custody case for my son, why should I allow step fatherly treatment upon my son & pay money for that ?

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