MANKU (EXECUTIVE) 16 February 2016

Maintenance after divorce under crpc 125

Respected experts,

Husband granted divorce for cruelties committed by wife . Wife challenged the judgment before the High Court. HC dismissed her appeal and affirmed the Family Court judgment and directed her to apply for PERMANENT ALIMONY.but instead the wife continues to reside in the matrimonial home and filing frivolous cases of husbnds family members. Husband stays elsewhere.

Recently she filed a false Domestic Violence case which got dismissed. After that she has filed a maintenance case under 125 crpc. The question is, she is residing in the matrimonial house even after divorce granted under cruelty. Enjoying all facilities, morover she is a working lady. Husband was forced to reside eslewhere.

How does a notorious/greedy lady is entitled for maintenance ?

Kindly guide how to get her application for maintenance denied. Any judgment conforming to this particular situation.

Regards.

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2 Replies

Vijay Raj Mahajan (Advocate) 16 February 2016

Under section 125 Cr.P.C even a divorced wife is entitled to claim maintenance from her divorced husband if she is unable to maintain herself, and even if she is working but not getting sufficient income for her subsistence she will be allowed amount of maintenance that will be sufficient enough for herself and keep her in same status which was living during her marriage. The ex-wife is not moving out of the matrimonial home even after the divorce and dismissal of her criminal complaint about domestic violence can be sorted out by the ex-husband by seeking her eviction order from the court but for that the ownership of the house where such woman is staying has to be ascertained, if the house belongs to parents of the ex-husband than they can move for her eviction out of the house otherwise if that is a rented premises the landlord/owner of the house can seek her eviction.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 17 February 2016

In case the wife is still residing in the said property and the same is not through a court order x, she is merely a licensee and hence can be called upon to vacate the property through a suit for mandatory injunction through the actual owner