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Manish Saraswat (Accounts Head)     15 June 2015

Divorce & maintenance

Dear Respected Experts.... I got married in 2005 and after few months of marriage my wife start doing crualty towards me and my parents. (like abusing, fighting etc). We all tried to make her understand her so many times but she never changed even arrange meeting with her parents and other family members but in place of making her understand they start fighting and asking we will file false case etc. I have file a divorce case in my native place where we got marry. On notice they did not appear on court and after some time court grant me ex parte divorce deecree. After some time she file a case for permanant injuction for my flat and when we show divorce decree to court - court has hold the matter and they have file restoration of divorce decree with limitation application (as it was more than 3 month old). She has filed maintenance case u/s 125 crpc (for herself and my daughter) - while she is working in school and same has admitted by ESIC depatment and I am paying school fee and others. Sir/Experts - my question is 1. Can she claim the maintenance u/s 125 of CRPC (as she is working and highly educated) 2. As court has passed divorce decree and I have proper evidence (like her abusive recordings, number of police and other complaints/applications) 3. Can I get custody of my daughter (as she asked so many time abusive language about her and I am spending all expenses). 4. Sir how can I get final relief from this matter 5. As per a advise of a senior advocate a person can file divorce case in place where he reside, where they did marriage (ie Groom or Bride's location) Beside this if you want to give any advise, please give me the same. Thanks


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 1 Replies

Adv k . mahesh (advocate)     15 June 2015

1. Can she claim the maintenance u/s 125 of CRPC (as she is working and highly educated) even after she working if her salary is not up to her maintaining herself and the daughter court may order you to pay maintenance even after her working

2. As court has passed divorce decree and I have proper evidence (like her abusive recordings, number of police and other complaints/applications)

court while accepting her restoration petition will see all angles and accept the petition wheater the notice served to her was accepted by her or not and many accepts

3. Can I get custody of my daughter (as she asked so many time abusive language about her and I am spending all expenses).

if you can prove that mother cannot take care of there children after 7 years court will grant custody and her financial status etc.,

4. Sir how can I get final relief from this matter

you have to fight on merits

5. As per a advise of a senior advocate a person can file divorce case in place where he reside, where they did marriage (ie Groom or Bride's location) Beside this if you want to give any advise

yes you can file with evidences and already if the court accepts then best option is negotiate with them and settle the issue and about daughter both has to decide about future plans


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