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Munirathnam (Scientist)     18 May 2010

Does it possible to get back the maintenace from wife



Court granted interm maintenance to wife in CrPC-125 case. If husabnd wins CrPC-125, can husband request court to return the paind amount (as per interim order) from wife ...?


does it possible...? Any body seen the judgement like this.


Can I file damages suit to recover the money paid after winning the CrPC-125.

Kindly advice me.

Thanks in advance.


 2 Replies

Harshada Shukl Kulkarni (Advocate)     18 May 2010

Normally, when a Court grants interim maintenance that itself means that the wife has prima facie proved that she is unable to maintain herself and therefore there are very less chances of winning the case by the Husband. However, if the Husband satisfies the court and proves beyond reasonable doubts that the wife is able to maintain herself and has obtained the interim order fraudulently, then the Husband can win and upon such event he has all the rights to recover the money paid by him towards interim maintenance. I have not come across any such judgement.

Munirathnam (Scientist)     18 May 2010

Dear Kulkarni Sir, Wife capabilites are as follows: As per her admission in the CrPC-125 petition that she is owner of Rs.40,00,000/- agriculture land. As admitted in the CrPC-125 petition she is doing Post Graduation by spending Rs.2,00,000/- for fee per year. She has working experience (12 months) and earning experience (Rs.5000/- per month), proofs were submitted to the court. Mentined that petitioenr did not disclose her income from the property. Petitioenr is capable to do joba nd earn min of 10,000/- per month.

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