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Got divorced from my husband as i failed to appear in the court.

He filed the case under dessertion.

Here my question is: will i get maintenance and under what section i should file for maintenance??


 19 Replies

I love my parents (law)     02 March 2013

Under sec-125, only condition is if you not re-marry.

adv. rajeev ( rajoo ) (practicing advocate)     02 March 2013

Even divorced wife is entittle to claim maintenance

Rahul Kapoor (Legal Enthusiast)     02 March 2013


maintenance will only be given if you are unable to maintain yourself.

however a lot depends on facts of case.






Besides 125 cr.p.c. u can file a petition for doemstic violence wherein u can also get maintenence,

Tajobsindia (Senior Partner )     02 March 2013



Originally posted by : RAKHI BUDHIRAJA


Besides 125 cr.p.c. u can file a petition for doemstic violence wherein u can also get maintenence,


Interesting: for non appearance by wife in some (civil) family matter case she got divorce and now being advised to use HER alleged non appearance into a case under domestic violence act! There should be amendment in PWDVA wherein she could get apportunity to file case under DV Act against the ld. Judge who ordered THAT ex parte divorce.

Rightly referred  PWDVA is Bharat Ratna Dream Violence Act for all sorts of court situations :-)  

Question of fact here is to @ Ld. Rakhi – Suppose wife died on the very date of ex parte divorce decree; will her family now charge her husband / his side of family into a case that under ‘dowry death’ ? There must be some SC judgment I am waiting for you to share the same with me in reference to context.


4 Like

abdul (MD)     02 March 2013

welcome back Sir Tajobs : 

dr.pawan rajyan (member and secretory)     02 March 2013

welcome back tajobsindia.


It shows how wifes are misguided.

Wife wants divorce...She will be given a legal advice to file 498a/dv/125.

Wife wants boys parents should not live with her....She will be given legal advice to file 498a/dv/125.

Wife says huband does not love her....File 498a on all family members and teach that bas***d a lesson.


Even better legal advvice could have been to get the ex parte order set aside and then file 498a/dv/125/RCR/HMA24 and run around the courts for rest of the lives.

Originally posted by : RAKHI BUDHIRAJA

Besides 125 cr.p.c. u can file a petition for doemstic violence wherein u can also get maintenence,
1 Like

dr.pawan rajyan (member and secretory)     03 March 2013

rakhi je you have charged rs. 2000 for consultation from me, 2 years before.at that time i  was toally innocent,you  had use my sentiments to grab a money. now i am well aware of the law.please donot post anything to misguide others. and let not me to persui you in court of law of misguiding innocent persons.regards.(aapki daal ek baar gaal chuki,dubara koshish karogi to bhuki shougi.........),please get away from innocents husbands. (apke chamber mai hui sari bathe video record hai mere paas,jo aggarwall ladki mere  baad aapke chamber mai aaye the,aur apne jo jutha rape case dalne ki salah the.wo bhe record hai...........aur jab mai aadhe ghante baad dubara aapke chamber mai bulaya gaya........aur jo fees aapne maange vo bhe video recording mai hai...................................regards.

mat khelo hamare jakhmo se.......ham sene mai aag liye phirte hai,

jo dhale ya dalvaye jhuthe case,unko to kabhe maaf nahi karte hai...aadab

6 Like

stanley (Freedom)     04 March 2013


Originally posted by : RAKHI BUDHIRAJA

Besides 125 cr.p.c. u can file a petition for doemstic violence wherein u can also get maintenence,

I have seen many a high court Advocate read with  Supreme court Advocate read with a woman sympathiser advising to file Domestic violence and 498 A with out going into the allegations or circumstanes  of the case and the reasons for filing these cases one is to tame the opposite as though they were animals to be tamed or the next is for a settlement  and in one case i have even seen a advocate saying file DV but it is difficult to prove Domestic violence inside four walls of the bedroom :-) 

The other day i noticed another post even though the property is in joint names an advocate was advising Domestic violence . The lady was saying that her husband was having an affiar/ physcial relationship  with a married lady , which was a clear of 497 IPC which was not being advised . And when we began debating on it all sorts of replies were being given theoritical ,practical, muscule power being used to take over the property hence to file the dream violence act ..etc etc ...Phew ....Phew which was totally out of context with law .


@ Rakhi 

I find it suprising without the author of this post mentiong that she is a working woman Qualified or a women capablle of earning  on what basis are you advising the author of this post to file for maintanence besides filing CRPC 125 file for DV i think you forgot to mention to her to file HMA 25 :-) . Now if the women is a working women how would she get maintanence :-) 

@ Tajobs 

you are back exactly after a month welcome back and we missed your posts !!

1 Like

Msk-need -nuetral- laws (self)     04 March 2013

@ agreed with all fellow members

Msk-need -nuetral- laws (self)     04 March 2013

@ I too bat for stanley at that instance, one  of a learned advocates suggesting DV for  just attaching a joint property and couple of other learned lawyers immediately agreed with him.

That too the lady was occupying the matrimonial home,  under  any circumstances , that could not  be covered with DV, but advise was given to an extent as though there were no other laws in country to protect that joint property!

And claiming a quote only lawyers can understand law, as if all the Chapters, articles, preamble, sections written in a separate language called " Lawyer Language"

2 Like

fighting back (exec)     04 March 2013

welcome TAJOBS sir back to the forum. we missed u a lot.........!!!

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 March 2013

If lawyers knew law, why should there be so much  lawlessness in this country?

2 Like

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