Maintenance

Knowledge Gainer (Querist) 15 August 2011 This query is : Resolved
In a divorce case filed by the petitioner wife, she has demanded relief as under:

1. dissolve present marriage on the ground of cruelty.
2. Monthly maintenance till her second marriage.
3. Alimoney for defamation.
4. Any other suitable order as the Court may grant.

She has not demanded interim maintenance and the Court has not passed any order related to it.

Now after one year of case can wife demand interim maintenance while in original petition she has not?

Wife has admited in her petition that she is job at mulund. In this senario wife is eligible for maintenance or interim maintenance? Wife is Commerce graduate with 68% and doing CA course. She has appeared for the CA exam also. She is well qualified.

Can the Judge now Suo motto pass order for maintenance?

Now can wife file case u/s 125 of the CRPC Act demanding maintenance?

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Guest (Expert) 15 August 2011
if the decree is passed the court will award permanent alimony based upon the relief.
If the case is pending the interim maintenance cannot be claimed after lapse of six months from date of filing petition

u/s 125 of Cr.P.c. the wife can claim separately and not in divorce case. You have to agitate and prove that the petitioner/wife has sufficient means to maintain herself with respect to matrimonial proceedings.

M/s. Y-not legal services (Expert) 16 August 2011
Yes. Am agree with expert. Apart from that her educational qualification is not a good ground for you.. If she not able to maintain her self mean she can seek from you. Law will help her.

M/s. Y-not legal services (Expert) 16 August 2011
Since the wife is the petitioner here she is not eligible to ask interim maintenance in the divorce petition. Same time if she is respondent mean she can pray for that. There no need to go an another petition.

Raj Kumar Makkad (Expert) 16 August 2011
Separate petition under section 125 Cr. PC is maintainable and she may claim it at any stage if she is uncapable to maintain her. It is possible than initially when she filed the petition for divorce, she was employed but later on her job remained no more. It is upon you to establish that she is still earning.

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