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MUKESH GUPTA   23 March 2022

Maint after divorce

Sir, can wife claim maintenance from husband in crpc 125 after divorce.I am paying maint in crpc 125.Does it shall continue after divorce? or she will have to file fresh suit for maint


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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 March 2022

a wife cannot claim maintenance in case she is living in adultery or she without any sufficient reason refuses to live with her husband. If she remarries, after the date of her divorce, she cannot claim any such maintenance. On any of these grounds, a husband may apply for cancellation of any such order of maintenance.

If husband and wife are living separately by mutual consent, even in that situation wife is not entitled to claim any such maintenance.
 

Dr J C Vashista (Advocate)     24 March 2022

'The issue of alimony must have been addressed adequately at the time of deciding petition for divorce, isn't it ? Consult your lawyer who has proceeded  / contested divorce case or show the decree of divorce to some other local prudent lawyer for professional advise.

She is entitled for maintenance for her entitre life time or remarriage, which ever is earlier.

 

Adv D P Jindal (Advocate)     07 April 2022

Till her remarriage, you have to pay maintenance even after divoce.

Section 125:

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


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