vaijanath
19 December 2015 at 21:47
I have got divorce by mutual consent 13 B of hindu marriage act.
Now my ex wife has filed maintenance under crpc 125.
Is it maintenable in court of law?
Because section 4 of act 125 says that she is not entiteled to maintenance if both are living saperately by mutual consent.
(.4 No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.)
I am attaching one case law
No maintenance to wife living separately by mutual consent: HCSaurabh Malik/TNSA perusal of Section 125(4) of the CrPC reveals that wife residing separately by mutual consent is not entitled to maintenance. — High CourtChandigarh, February 12The Punjab and Haryana High Court has ruled that a wife residing separately by mutual consent is not entitled to maintenance.Justice Paramjeet Singh has also ruled that a wife is not entitled to maintenance when the couple is residing separately after divorce by mutual consent, and has accepted lump sum amount of maintenance as a full and final settlement.With this, the HC has laid to rest the controversy on the entitlement of a divorced wife for maintenance till she remarries. The ruling came on a petition by a woman for maintenance. The marriage between the petitioner and her husband (now divorced) was solemnised on November 4, 1996. Initially, the husband filed a petition under Section 13 of the Hindu Marriage Act for divorce. But during pendency of the petition, the parties jointly moved for divorce by mutual consent.During proceedings, a compromise was struck and the wife got Rs 1 lakh from the husband towards “full and final claim of maintenance”.Her counsel contended that a divorced wife was entitled to maintenance till she remarried, even if the divorce was with mutual consent and money was received in lump sum in lieu of maintenance as full and final settlement.The husband’s counsel submitted that maintenance was paid by the respondent to the petitioner in final settlement.Referring to Section 125(4) of the CrPC, Justice Paramjeet Singh said a wife was not entitled to maintenance, or even interim maintenance and proceeding expenses, from her husband if she was “living in adultery”, or refused to live with her husband without sufficient reason or if the couple was living separately by mutual consent.“The case of the respondent is on higher pedestal. Firstly, because the petitioner got divorce by mutual consent and thereafter she is residing separately by mutual consent. Secondly, she accepted a lump sum maintenance as final settlement and that stands paid.”Justice Singh concluded: “After divorce by mutual consent and when the parties are residing separately and lump sum maintenance as final settlement has already been accepted, petitioner-wife is not entitled to maintenance.”
rajan chopra
19 December 2015 at 21:38
Sir a complaint u/s 138 of NI Act is filed by me and is at the stage of complainant's evidance,and on the date of hearing we requested the court to adjourn the hearing as the documents which we want to produce in our evidence could not be available and on next date we will conclude our evidence and in response the Judge ruled that last and final opportunity is granted to conclude the entire evidence.But I have not obtained the required documents yet to produce the same in court.Is there any remedy in law by which I may seek some more time from court to conclude my evidence as documents are relevant for the purpose of proving my case against the accused ?
pl1532a
19 December 2015 at 21:32
I have filed an eviction suit in small causes court in Bangalore small causes court and have got an onrder in favour of me directing the tenant to vacate the property in 3 months along with dues to be paid.
While the three months are complete and i am in the process of filing the execute petition, i have received a post from some other lawyer which has a caveat posted by some one whom i dont know at all. The caveat says that this new unknown person is staying in the house for 2.5 years while he is not involved as a party in the eviction case i had filed.
The tenant against whom i have won the case has accepted throught that he was the tenant of my property..infact there is a false injuction case thats still running on me which the tenant has filed.
Now can a third party unknown person file a caveat on execution petition between me and my tenant?
Will this impact my execution petition?
Will this lead to a situation that i need to file another eviction suit on this unknown person?
What is the best action i can take now?
Regards,
Mani
Kvijay12345
19 December 2015 at 18:40
What is the time limit allotted to appeal against the order of district forum in state commission? Is it One month from the date of the order or one month from the date of receiving the order copy?
rajsh
19 December 2015 at 18:01
This is regarding the property card [Maharashtra]. In the धारणाधिकार [Marathi word]column its mentioned as B. what does it mean by converting B to क [Marathi word]. what is क here? Is it really required? how much it will cost?
ravi sharma
19 December 2015 at 17:51
I have Filed Writ B in allahabd High Court for wrong Chakbandi. My Advocate is not attend any date and court has disposed the case on 15/12/2015. Advocate not help me what i do ?
krishna kant dubey
19 December 2015 at 17:28
My brother-in-law was married in the year 2009. he does not have any child from this marriage and now he is planning to do second marriage.
His wife has no problem in a second marriage and she is ready for that, but she does not want to give divorce.
I would like to know that
what are legal formalities for second marriage without divorce with wife as she is agree for this.
or he has to take divorce first.
he is looking for expert advice.
Lakshmi Narayan Kashyap
19 December 2015 at 16:57
Hi sir, What is the dry agricultural land sealing act. Means one individual person how many acre purchase in Thoothukudi District Tamilnadu
Thnx sir
santosh
19 December 2015 at 15:23
Please anybody say the Procedure of sec. 119(2)(b) of filing Return.Please provide a sample of application of Sec 119(2)(b) for getting I.T. Refund of A.Y. 2013-14.
santosh
19 December 2015 at 15:01
how jurisdiction of income tax can be changed Please anyone answer this question.
Does divorced wife can claim maintenance under 125crpc after mutual conset divorce?
I have got divorce by mutual consent 13 B of hindu marriage act.
Now my ex wife has filed maintenance under crpc 125.
Is it maintenable in court of law?
Because section 4 of act 125 says that she is not entiteled to maintenance if both are living saperately by mutual consent.
(.4 No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.)
I am attaching one case law
No maintenance to wife living separately by mutual consent: HCSaurabh Malik/TNSA perusal of Section 125(4) of the CrPC reveals that wife residing separately by mutual consent is not entitled to maintenance. — High CourtChandigarh, February 12The Punjab and Haryana High Court has ruled that a wife residing separately by mutual consent is not entitled to maintenance.Justice Paramjeet Singh has also ruled that a wife is not entitled to maintenance when the couple is residing separately after divorce by mutual consent, and has accepted lump sum amount of maintenance as a full and final settlement.With this, the HC has laid to rest the controversy on the entitlement of a divorced wife for maintenance till she remarries. The ruling came on a petition by a woman for maintenance. The marriage between the petitioner and her husband (now divorced) was solemnised on November 4, 1996. Initially, the husband filed a petition under Section 13 of the Hindu Marriage Act for divorce. But during pendency of the petition, the parties jointly moved for divorce by mutual consent.During proceedings, a compromise was struck and the wife got Rs 1 lakh from the husband towards “full and final claim of maintenance”.Her counsel contended that a divorced wife was entitled to maintenance till she remarried, even if the divorce was with mutual consent and money was received in lump sum in lieu of maintenance as full and final settlement.The husband’s counsel submitted that maintenance was paid by the respondent to the petitioner in final settlement.Referring to Section 125(4) of the CrPC, Justice Paramjeet Singh said a wife was not entitled to maintenance, or even interim maintenance and proceeding expenses, from her husband if she was “living in adultery”, or refused to live with her husband without sufficient reason or if the couple was living separately by mutual consent.“The case of the respondent is on higher pedestal. Firstly, because the petitioner got divorce by mutual consent and thereafter she is residing separately by mutual consent. Secondly, she accepted a lump sum maintenance as final settlement and that stands paid.”Justice Singh concluded: “After divorce by mutual consent and when the parties are residing separately and lump sum maintenance as final settlement has already been accepted, petitioner-wife is not entitled to maintenance.”