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Deekshit Kumar (private)     09 March 2022

Husband got exparte divorce decree alleging wife's cruelty

Hi Sirs,

Is the wife eligible for maintenance if husband got ex-parte divorce alleging wife's cruelty towards him.

Thank you in advance






 5 Replies

Advocate Bhartesh goyal (advocate)     10 March 2022

Maintenance is wife's legal right and she can
claim it even without getting divorce. It is immaterial that husband got ex-parte divorce,

Shashi Dhara   10 March 2022

File  petition for set aside of ex - parte divorce and so for maintenance under section 125crpc 

Palak batra   10 March 2022

Dear Querist,


The wife can claim the maintenance depending upon the facts and circumstances. The Supreme Court on august 22, 2019, in the case of Kiran Yadav vs Dharampal Yadav has directed the husband to pay a lump sum amount of ₹60000 as maintenance despite the fact that the husband was able to get a decree of divorce on the grounds of cruelty and desertion by wife. 


Such judgements sets example that maintenance can be granted to the wife depending upon her conditions even if she is at fault. 




1 Like

Dr J C Vashista (Advocate)     11 March 2022

What is your locus standi / concern / problem qua ex-parte decree of divorce ?

What is the opinion and advise of the lawyer engaged in the suit where Court has granted ex-parte decree of divorce ?

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     12 March 2022

Dear Deeksh*t,

As per law, Maintainence can be claimed even after divorce till the time she has not remarried.

The defination of Section 125 CrPC includes the following:

 " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

For more detailed discussion contact at 9717985984 , ADVOCATEVG20@GMAIL.COM-

Adv Vishal Garg

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