maintenance

Querist : Anonymous (Querist) 31 January 2011 This query is : Resolved
whether wife can claim monthly maintainance in suit for partition before civil judge jounior division against her husband
suit is fild by her claiming that her son is coparsener in joint hindu family property in which she is claiming maintnance for her

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Devajyoti Barman (Expert) 31 January 2011
No she can not do so. File a petition u/o 7 rule 11 of cpc for rejecting the plaint.

Kirti Kar Tripathi (Expert) 01 February 2011
N, in partition suit such claim is not maintainable.

Advocate Bhartesh goyal (Expert) 01 February 2011
No wife can not claim maintenance in partition suit. For maintenance she has to file separate petition u/s 125 of Cr.P.C in family court.

Amit Minocha (Expert) 01 February 2011
suit is not maintainable in its present form

Abhishek Marvi (Expert) 01 February 2011
agree with ad.goyal

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