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Anand (CEO)     11 March 2014

Can wife apply for maintenance if denied earlier?

Hi. I am from Mangalore.  My wife apply for maintenance before. Not get it because she had bad lawyer. In divorce no issue framed for maintenance and she did not object. Now she apply for maintenance again under 125 Cr. P.C. only. I have one son but I take care of my son and son live with me.  She never come to see son. I know she has affair but I cannot prove. Can she get maintenance now when she did not claim it before. Actually claimed but not pursued before.  Now she ask maintenance only for herself and not for son. She admits son taken care by me.  Please experts need advise now. I have to file arguments next week. My advocate not smart.


 4 Replies

nikhil singh (Advocate)     11 March 2014

Prima facie she cant as resjudicta applies. But before that need to see the earlier order passed by the court rejecting maintenance and Petition u/s 125 Cr.pc. 

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065

Anand (CEO)     11 March 2014

There is no order with maintenance, yes or no. She kept filing applications and not pursuing them. Divorce order has no mention of maintenance but evidence was led on maintenance. She did not follow up so i think maintenance   is waived.  Her advocate told my old advocate criminal 125 cr.p.c. not impacted by civil divorce judgment. Constructive res judicata not apply. True?  U very knowledgable. From few sentences I see that. 

nikhil singh (Advocate)     12 March 2014

give me your no lets talk on phone. I am still not able to understand 

Abhishek Verma (advocate)     16 April 2014

these days the courts have become pro-women... if the lawyer she engages is good enough to get the sympathy of the court, irrespective of whether she was declined the same on an earlier ocassion, she may get an award for getting maintenance from the husband.

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