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sona misti (na)     06 March 2022

Maintenence can be denied cause husband got divorce on grounds of cruelty?

My ex-husband(divorced) who is already remarried filed 127crpc in court where my 125crpc maintence case was going on from 2015.final maintence of125crpc was passed in 2018. They challanged in upper court showing my income,though upper court remand back that case but ordered him to pay the same as he suppresses his salary as well until further judgement in 2019.still that case didnot opened.meanwhile they filed 340crpc perjury case in same court which court rejected. I filed two execution case as he didnot paid despite session judge order. Even lower court passed judgement again to pay.but again he went to upper court for stay filling 341crpc.that case also dismissed & rejected stay order. Now though he filed 127crpc but when he got to know i lost my pvt job becaused he harrased my employeer now he understood it will not work then he filed a supplimentary application of 125(4) & 125(5) saying as he got divorce decree in his favour due to cruelty by me (special marriage act & i didnot got any alimony there as i was getting from 125crpc)& as i didnot challanged that order so it means i donnot wanted to stay as judge observed that he didnot believe i was really wanted to continue the marriage though am saying. & When his 340crpc, 341crpc dismissed now he is praying until this case done he wants stay....he is just filling different cases to not to pay and to make me frustrated with cases & waste my time. Plz help & suggest me what to do. Thanks in advance.



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 2 Replies

Shashi Dhara   06 March 2022

No he has to pay maintenance  insist  the court that he is intentionally  dragging to pay maintenance.

Banshi Lal   08 March 2022

can file a case u/s 125sub section 3 for recovery of amount

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