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sameer saifi ( )     14 December 2012

Divorce decree

Hi All,

If a muslim women has accepted TALAQ, then can court pass divorce decree if all the documents are presented in court?

If any of the divorce decree has been passed from the court, is it possible to cancel the maintenance order under section 127 crpc.



 5 Replies

sameer saifi ( )     19 December 2012

So many people have reviewd this but no one replied. Why? Did I ask any wrong question or something else is wrong?

Rahul Kapoor (Legal Enthusiast)     20 December 2012


you need stong grounds for cancellation or alteration in amount of maintenance.

sameer saifi ( )     20 December 2012

Thanks Rahul. But is it really possible to alter or cancel the order because the court also says that whether the wife is divorced or not, maintenance should be given.

Zubair (aaa)     20 December 2012

Sameer, i am not a lawyer but my problem is some what same. It would have been good if you can elaborate your case details.

It is a fact that whether divorce or not, husband has to maintain his wife and children.


1) Wife deserted husband at  her will.

2) False allegation by wife like 498a, Dv etc (you have to fight teh case for this) which can amount to cruelty to husband.

3) Wife working.


1) Wife remarries.

But in any case, you cannot run from maintainig your child and interim maintenace as they are always granted by the court, thn we have to apply for stay or revision in high court. These all above pointers are easy to say but a long battle to win at the end.

Rahul Kapoor (Legal Enthusiast)     20 December 2012

if you can prove in the court that wife is / was working then she will not be entitled to maintenance. there are many means to prove this and many judgements on the same too.





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