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Judgement_Day (Supervisor)     21 February 2014

Maintaineance after divorce??

I am about to get divorce decree, want to know will the girl still be eligible for maintaineance after getting decree.



Learning

 8 Replies

Samir N (General Queries) (Business)     21 February 2014

Under Section 125 Cr. P.C. she can file anytime, including after divorce, even if it was not considered in the divorce decree. Under other Acts, there may be defenses but they do not matter as someone will advise her ultimately to file under the relevant section.

vanitha.U.M (ADVOCATE)     21 February 2014

Under Section 125 Cr. P.C. she can file anytime, including after divorce.

laxmi kant joshi (instructor)     21 February 2014

Yes she is eligible to take Maintenance from you after divorce .

stanley (Freedom)     22 February 2014

you have not stated if your wife is a working women .If the answer is yes than it would depend on the factor if she is able to sustain herself with that income, else the answer for maintenance is  no. 

somesh (na)     22 February 2014

Dear Expert

i apologies if i am hurting anybody but in general i want to know whats the point to maintain a lady (wife earlier) who is divorced and have nothing to do with the husband in any relation.

stanley (Freedom)     22 February 2014

Originally posted by : somesh

Dear Expert

i apologies if i am hurting anybody but in general i want to know whats the point to maintain a lady (wife earlier) who is divorced and have nothing to do with the husband in any relation.

Read CRPC 125 as below our law is such 

Section 125 in The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
 
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Now what do you say Mr Somesh 

somesh (na)     22 February 2014

Dear Stanley

this is the rule book where it is clearly mentioned that wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. i agree

but what is the liability of husband if he is legally separated by law from his lady on her own consent.

this is like loan is completed but still emi is deducted from you, why one has to maintain her if he do not have any link with her.

Is there any logic behind this or this law is made by andha kanoon bas likh dia or ho gaya?

Shantanu Wavhal (Worker)     22 February 2014

if she is NOT earning, she can claim till the time she gets remarried.


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