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prabir   17 February 2021

Maintenance application

An application u/s 125 Cr.P.C. maintenance was claimed by wife for one year starting from January 1, 2019 and ending on January 31, 2020. For continuation, next application was made on July 25, 2021. Is the maintenance application valid? Can it be challenged in the court? OR any steps could be taken against this act!



 8 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     17 February 2021

1. IF Wife is duly entitled to "maintenance" THEN court will honor such Application and there is nothing illegal or improper about.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com
 

Ravi Shankar (Hyderabad) (9885248496)     17 February 2021

Need to know more details before answering your question precisely. However wife is entitled for maintenance at the same time it can be challenged in Court.Court will decide on the merits of the case

prabir   17 February 2021

I think I was not able to articulate my question. The point is whether there is any time limit to file the continuation application as the last application was until January, 31, 2021. The July, 25 2021 application is retrospective, asking for maintenance from February,1, 2021. Isn't there a gap period of 5 months?

Adv. Morzaria (Advocate )     18 February 2021

Please share copy of the arrears of maintenance raised by wife for appropriate Legal recourse

prabir   18 February 2021

The maintenance is for Rs 5000/- per month and the claim was made fro one year from 1 January, 2019 to 31 January, 2020. The next application was made on 25 July 2020 claiming maintenance from 1 February, 2020 to 31 January, 2021. My question is making an application and claiming retrospective maintenance  for five months is legally valid or not? 

Shashi Dhara   19 February 2021

You can claim ,but you have to show proper grounds,at that time covid was in peak,submit ,so court will allow it.

prabir   19 February 2021

The previous claim ended on 31 January, 2020 and the new one was to begin on February 1, 2020 for which ideally the petition should have been filed in January 2020. At that time, there was no COVID and all offices were functioning normally and Lockdown was introduced only on 25 March, 2020.

Shashi Dhara   20 February 2021

File petition  to  it court may accept or reject,it is secondary ,filing petition is primary.


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