monika monika (self employed) 06 July 2015

Is wife eligible to get alimony even after 498 a is quashed?

my bro and my whole family hav been trapped in 498 a case.

is the wife eligible to get alimony even after 498 a case is quashed by high court or supremer court ?

we can file divorce case on the ground of cruelty, if dowry case is quashed. but will the court grant her alimony even after quashing.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 06 July 2015

Alimony – spousal support – is a flexible financial tool for divorcing couples only. 498a is irrelevant to the case.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 06 July 2015

It depends on the order of quash. If it is found that the FIR is false then she is ineligible to get maintenance U/S 125 CrPC.

Alimony is a different civil process.

It comes under MAT suit only.

If no MAT suit then no alimony.

There is no execution for alimony since it is civil case.

I have stated a lot of time that leave-in-relationship is the best relationship, less disputes between couples.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

monika monika (self employed) 07 July 2015

@rocky smith..

u r talking about live in relation.....

who will take care of chindren of such couples. in india soceity does not accepts such children.n they have to face humilation .

the live in partner could leave the woman if she is pregnant..than who will take care of her n her children.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 07 July 2015

I don’t wish to talk about Indian society that has been made by monkey like brains and thought processes of elders.

As per Indian law, both legitimate and illegitimate children have equal rights and privileges.

Also as per Indian law, marriage can’t enforce any couple to cohabite against their will.

JANEWALE KO KON ROKHSAKTA HAI !!!