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Saurabh (Sr Consultant)     28 May 2018

Does maintenance remain intact once wife rejoins husband

Hi Experts,

In one of the cases, a husband files divorce. Wife files maintenance under crpc 125. Now, in court, they pass decide maintenance of 2000 Rs.

Now, they have a counselling where wife decides to stay with husband. She stays for 4 years with him and then again leaves him. During this time, the husband officially did not give any maintenance to her as she stayed with him and he took care of all her needs. 

Now, the wife again files for 125(3) execution of order for last 4 years. Is she liable to get maintenance for all those 4 years?

Looking forward to reply on this.

Regards,

Saurabh.



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 3 Replies

Saurabh (Sr Consultant)     28 May 2018

Thanks for your reply. I agree old balance needs to be paid.

But my query is a little different. Does maintenance amount apply on husband even during the time, when wife stayed for 4 years along with husband? That too when they stayed together after getting to an understanding in court post counselling?

Secondly, If I am not wrong, there are judgements where courts have specifically said that husbands can not be sent to jail jtust for not paying maintenance until all other measures of getting the money from him has been exercised. So jail does not come in to the picture currently.

Regards,

Saurabh.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 May 2018

Dear Querist

In case of a settlement in between the parties and they reside together then the husband should file an application for cancel the order of the maintenance under section 127 of Cr.P.C. but if not passed any order by the court then the maintenance order will be valid and legally husband has to pay the maintenance per month.

 

 

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Saurabh (Sr Consultant)     28 May 2018

Thanks Advocate Nadeem.

You have understood my query and given me the right reply.

Thanks a lot.


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