125 after divorce

1. The Code does not, in fact, preclude maintenance for divorced women.
2. BTW, she could have easily filed an Affidavit or Applcation under S. 25 HMA to continue and or enhance Civil maintenance which was earlier provided under S. 24 HMA!
3. Since her set-aside petition is pending admission one needs to wait as to what Hon'ble HC says on her Appeal.
 

[Last reply]  

Thanks For the Reply.

 125 hearing date is sooner (before high court appeal date - which was filed by wife against divorce orders in my favor.

in this case, how I can avoid maintenance u/s125.. I have already paid her about 4 lakhs rupees u/s 24.

125 Cr.P.C. and Section 25 HMA are two different faces of the same beast. However, 125 Cr.P.C. is more broad in its scope and more advantageous to the ex-wife or wife.  If you have paid her already as interim maintenance, presumably there must have been some final order regarding maintenance too. Possibly she has appealed that Order.  You can show the 125 Cr.P.C. judge that Order which she has appealed and ask for a stay  on the 125 Cr.P.C. proceedings until that appeal is disposed. Of course, a formal application for a stay will need to be filed in the Court where the 125 Cr.P.C. application is pending. If you are yourself not happy with any aspect of the HMA order, you need to cross-appeal yourself.  Since you are the appellee and not the appellant before the High Court, the application for stay will be favorably looked upon.

 In support of your application for stay, you need to file an affidavit that there have been no material changes in circumstances warranting a different maintenance amount since maintenance was ordered under the HMA.  Therefore, you argue that it would NOT be prejudicial to any party to stay the proceeding until the High Court disposes the appeal.