Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Jiwan Bhata (self)     25 May 2012

Maintenance u/s 23 hma and 125 crpc

Sir my wife is highly qualified and is also working in a college as per the college website. She is also secretly married to her college time boyfriend. How i can stop her from paying any maintenance u/s 125 as well as u/s 23HMA. I have filed divorse after knowing that she has married secretly.


 3 Replies

Ramesh I Zirali (Advocate. Mob:9482000686)     25 May 2012

Hello mr. Jiwan

first of all u have to collect the evidence to show that she has undergone 2nd marriage.  Then u have to produce it before the court.  Since there is a provision for stoppage of payment of Maintenance under section 125 (4) and (5) of the Criminal procedure code.Please verfy the said section.

Thanking you.

pradeep (na)     25 May 2012

You are not giving complete story. Why / when she got separated, whether you have child and what you was doing till now?

Without getting divorse remarrying to other guy is a fit case of bigamy. If you can prove, she may loose her job also. But doing so is not in your interest. But still you collect collect the evidenses to threaten her for an early divorse without any maintenance.


Collect the evidence relating to her second marriage and her current employment status,and you will escape the obligation of paying her the maintenance.

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