Deekshit Kumar (private) 04 April 2021

Maintenace after 27 years of divorce

Hi respected members,

Can a Divorced Wife (not married after divorce) file Maintenance case against Husband after 27 years of delay.

Husband did not provide any maintenance till date even though the court order of maintenance and this was not challenged by the wife. Ex-Parte divorce granted to husband in the year 1996.

In 2007, he met his first wife and children and wrote a Settlement Deed

In the year 2008, a First wife has sent a Legal notice was sent to the Husband.

So, now in this year 2021, can wife file Maintenance against the husband.

Thanks in advance

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2 Replies

Real Soul.... (LEGAL) 04 April 2021

Big no, it is time barred even if the husabdn was in arrears the recovery cannot be made after decades, Anyone one can file anything in court but whether that sustains or not is the point, and this will not sustain, however if wife is sucessful to get the delay condones that is at the rearest end then she may claim her rightful debt.

Advocate Bhartesh goyal (advocate) 04 April 2021

Wife has right to file maintence petition even though the same has been filed after 27 years long period but the delay does tot bar/restrict her to claim maintenance.