Again filing of maintenance allowance

Guest (Querist) 16 March 2012 This query is : Resolved
My wife filed a case 125 cr.p.c for maintenance two years back. Court passed interim order for Rs.1200/- for wife and Rs.800/- for minor child. I have been paying the said amount regularly.

During my wife's cross examination she stated that she is ready to live with her husband unless & until her father in law and mother in law come to bring her back.

Now in first week of January 2012 court has passed the final order. My wife's petition is declined and dismissed and court had allowed the Rs.1200/- for minor son only.

The court in its order has said that as per section 125 (4) of Cr. p.c. if a wife refused to live with her husband then she is not entitled for maintenance allowance. Therefore my wife petition has been declined on this ground that her condition of coming back is not sustainable.

Domestic voilence case is still pending.

Now I have filed a case of divorce as I am not interested to live with my wife.

My query : My wife can now file a fresh case for maintenance again.
If Yes, What will happen to this order.
Again she will give evidences and summon witness to prove my income.

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Raj Kumar Makkad (Expert) 16 March 2012
She can file her application under sectionn 24 of HMA in the same petition which can be got allowed.

Shonee Kapoor (Expert) 16 March 2012
Yes, she can file a fresh case/ multiple fresh cases of maintenance,

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Nadeem Qureshi (Expert) 16 March 2012
Dear Querist
I also agree with experts

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