Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tina Das   03 April 2024

Maintenance verdict

My husband want divorce from me under the false ground of cruality and I filled maintenance and section 9a.

Maintenance verdict said that as an educated lady without any child I am not entitled any maintenance amount.

1. Should I challenge this on high court? If yes what is the percentage to win the case?

2. Also please clarify whether my husband get divorce from me under false ground without any alimony?


Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 April 2024

Yes u can challenge As per Section 125 of CrPC, 1973 the court can order maintenance in cases when the person neglects or refuses it to his wife. It also states that if the husband is

Tina Das   03 April 2024

Thank you, but I cant read your full reply. "It also states that if the husband is"...

Real Soul.... (LEGAL)     03 April 2024

If you are not working and have no source of income, your husband is bound to maintain you, you should challange the verdect.To refuse the maintenance on the ground of being educated or childless does not exhonerates husband frrom maintaning wife. Just file another application under section 125 CrPc or filr for revision of the order of refusal.

Suhail suhail (LAWYER)     03 April 2024

2. Also please clarify whether my husband get divorce from me under false ground without any alimony?

No the grounds pleaded must be proved and if there is no evidance then the Divorce cannot be granted,

Alimony is to ba paid in any ways -depends upon agreement of couple

R.K Nanda (Advocate)     03 April 2024

1. yes you can challenge order in HC.

2.no

T. Kalaiselvan, Advocate (Advocate)     04 April 2024

You can challenge the trial court order by filing an appeal before high court. 

The divorce case is different to that of the maintenance case 

Sharuti Singhla   06 April 2024

Yes you can challenge in the high court. Percentage of winning is more.

 

Husband don't get divorce on false ground if you have to prove your husband is wrong .

 

 

 

Advocate Ashish Ranjan Samal (Advocate)     06 April 2024

You Can challange it before Hon'ble High Court and if you have no source of income or you  are earning less than your Husband , your husband must maintain you as per law.

Apart from that your husband must prove the aligations before the Court to get divorce

there are two different aspect one is maintenance and otherone is divorce.

Dr. J C Vashista (Advocate )     08 April 2024

You may challenge the order if you are not satisfied as advised by experts and your lawyer.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register