cpc

maintenance case under 125 crpc


I got married in 2008 and separated from my wife in Jun 2014. My wife filed the case of maintenance under sec 125 in 2015. Since I was working in Army she gave the application in Army also in 2017. She got the orders of maintenance for 22% of my salary from Army within 6 months of application. In the family court when all the proceedings were completed and the judge was to announce the orders my wife withdrew the case from family court in 2018. However she started getting maintenance from the Army since 2017. Now on 30 Jun 2020 I have resigned from Army and now her maintenance has stopped. Now I am sure she will again file the case in family court to claim maintenance from my pension. Can you please guide me what next should I do to avoid such torture again for years . Any ruling or court order on such issue will help
Thank you
 
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Hello,

If she is not able to maintain herself she will be entitle for maintenance amount. You cannot avoid paying maintenance to your wife. However you can give her one time lump-sum amount for alimony. 

 
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Lawyer

@ Bhulla 2013,

Can you please intimate / quote the provision of law  (Army Act, 1950 or Defence Service Rules) under which you have submitted your resignation from Army service and you have been relieved, if you are sure about your statement, it is just for my personal information/ knowlege  ?

 
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Advocate

You cannot avoid orders for payment of maintenance unless it could be proved that she has her own source of income to sustain herself. 

 
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Dy Director

she can file.                

 
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Your wife has legal right to get maintenance from you irrespective of fact that you have left the service so she can file.

 
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