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simple man (assistant manager)     14 December 2009

after ex-parte divorce

After getting ex-parte divorce by husband , Can wife claim for maintaince?



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 9 Replies

Anish goyal (Advocate)     14 December 2009

Yes she can claim maintenance

simple man (assistant manager)     15 December 2009

hi anish,

thanks for reply,

i hv one doubt,

earlier she told that she was working, but now she told that she is non-working, then Can she still claim for maintainence,

 

 

 

Anjali (IT)     15 December 2009

if you can prove that your ex-wife is working and earning handsome salary which is good enough to maintain herself , the sameway as before divorce , then you may not need to pay any maintenance..have you got any kids ?

K. Rajendra Prakash (Advocate)     15 December 2009

she can

Sanjay chv (-)     15 December 2009

I think maintenance can be filed by her any time even after divorce because maintenance law is separate from divorce and if she is going to appeal in the court against this order then after set aside, you may have to give interim maintenance too...

Sanjay chv (-)     15 December 2009

where has she mentioned that she was working earlier and now she is not working? Has she filed a maintenance case where these two descripancies are there?

dev kapoor (Honorary Secretary)     16 June 2011

Hi,

A ex party decree is nonetheless a valid decree as a usual decree.There is,however,always a chance to setting aside the same if certain codified grounds are established by the wife & the court moved within the period of limitation prescribed therefor.Nevertheless an ex parte decree of dovorce does not impede the course available to a wife under Section 125 Cr.P.C & she cannot be deprived of her independent right of getting maintenance allowance from her husband in spite of ex parte decree of divorce.The only condition being that she has to prove her genuine ground of her husband having neglected her to maintain her without any reasonable cause and without her fault.

Manvendra (DPM)     27 May 2013

Mr Sandeep Verma and Arvind Verma ( Chamber No B136 and Chamber No 127 Tiz harzri Court ) are fraud advocate dont hire them , they will charge both party and double cross both the parties also they dont even communicate

Manvendra (DPM)     27 May 2013

Mr Sandeep Verma and Arvind Verma ( Chamber No B136 and Chamber No 127 Tiz harzri Court ) are fraud advocate dont hire them , they will charge both party and double cross both the parties also they dont even communicate. They are change the content of petition after signing petition for their benefit.


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