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MANKU (EXECUTIVE)     02 February 2016

Kindly advise

Respected Experts, A divorced wife continues to reside in the matrimonial home ( despite divorce) availing all facilities has filed a Maintenance case under 125crpc. She is highly qualified and working lady. How to fight this case to get her application rejected. The husband resides separately for last 6 years. Your valued advice to defeat this greedy lady is highly solicited. Regards.


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 2 Replies

Vijay Raj Mahajan (Advocate)     03 February 2016

First of all if there is a divorce, wife should be asked to move out of the matrimonial home immediately otherwise she may charge the husband of rape and s*xual molestation and even file police complaint in this regard, secondly even a divorced wife seek maintenance u/s 125Cr.P.C but the first condition thereis that she should have no means to support or mainatain herself that you said is that she is working hence has means to mainatain herself, her case becomes weak on this ground itself.

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MANKU (EXECUTIVE)     03 February 2016

Many   thanks sir, I have noticed that maintenance is granted in most of the cases where the wife leaves in her parental house.but in this case she is residing in the matrimonial house after divorce not applying for permanent alimonyand instead  demands maintenance...


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