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Shafeeq   24 September 2018

Maintenance under sec 125

Can a wife who is not divorced file for maintenance under sec 125 ?. If the notice issued has been returned with the remark 'LEFT' by postal authorities, can the court pass any order against the husband


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 7 Replies

Adv Deepak Joshi +917017821512 (Advocate)     24 September 2018

Court may pass ex-party order against husband.

TGK REDDI   24 September 2018

Yes.    An undivorced wife can invoke Section 125 of The Criminal Procedure Code.

Dr J C Vashista (Advocate)     25 September 2018

She can claim maintenance if she has insufficient source of income.

Consult a local prudent lawyer for better appreciation of facts, guide and proceed. However, if you are located in Delhi/NCR and feel may contact me (on appointment) at:

Chamber No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com

TGK REDDI   25 September 2018

I'm unable to understand the meaning of LEFI.

If a Notice returns unserved, ex parte Order can't be pronounced.

If a Notice is served and if the Defendant doesn't turn up on date of posting, an ex parte Order, not necessarily against the Defendant but on merits, can be pronounced but normally is the Court is less inclined to.    

Time is extended a couple of times.

 

 

TGK REDDI   25 September 2018

Errata.     Refer to my previous Reply.

First line:     For KEFI  read LEFT.

Third line from bottom: Delete first is.

 

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     25 September 2018

She can claim maintenance. If the notice/summons returned with the remark 'left', the wife has to file a fresh address of the husband. If she doesn't have any such address, then she has to move proper application in the court for publishing the court notice in newspaper. After its publication and even then the husband does not turn up, then the court will proceed ex-parte. But in S.125 maintenance case, courts hesitate to proceed ex-parte for the reason that the final maintenance order cannot be executed for want of address of husband.

(Guest)

Cant say.  Court may order or may not order. Chalta he style of working of Indian courts.


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