After ex-parte is it possible file 498a

Originally posted by : Mathi
	Hi All. I had a query which is bothering me. I got married in May 2013 and my wife left my home within 4 to 6 months. She kept coming and going and meanwhile she took all her belongings with her on her every trip out. Finally I filed for divorce in Dec 2014 and inspite of being served notice she did not appear for any hearings and eventually I got an exparte divorce in May 2015. I remarried in 2016. what is bothering me is that : 1.can my exwife do anything now  2. can she file any cases agains me , my family members or my present wife, 3. can she claim any kind of alimony / maintenance as she was working well during the time and i wasnt we got divorced. I dont know her present status but now i am working. 4. can i do anything to avoid her coming to my present workplace and create a ruckus as i have a very strong feeling that she might do something as i cam to know from a friend that she was inquiring about me. 5. am i liable to give in to any of her claims as I had clearly mentioned in my divorce petition that she has taken all her belongings with her including her stridhan, which she had received a copy but chose not to come to court.   Friends and well wishing lawyers please advice and help me with any precautionary steps that i need to take.

Word for word, you have posted the same question here, except the dates have been changed.

https://www.legalserviceindia.com/lawforum/index.php?topic=2639.0

What gives?

No one can read mind of any person.

So what your exwife do will know to her only.

U need to consult for your problem with expert in this forum.

If u like my suggesation then give THANK on my profile.

1. She can set aside the ex- parte order .

2. she can file for maintenance stating that she is not working even if she is working . You will have to contest and fight back .

Ex-Party order can be set-aside.

Maintanance can be filed 

She can claim alimony. She will not go for maintenance bcoz you are already married so you have those additional obligations which decrease your surplus to pay her.

Originally posted by : sai narayana
	She can claim alimony. She will not go for maintenance bcoz you are already married so you have those additional obligations which decrease your surplus to pay her.

My dear freind Alimony and maintenance are same and are used in different names in different places. So we cannot say that they are different legal terms.Maintenance would only cease onces she gets married again .

 

Stanley,

you are saying that maintenance and alimony are same and also said if she is remarried she will not get maintenance. So from the above two statements can we presume that once she is remarried she will not get alimony? Can you come with a case law prohibiting a wife from claiming alimony from her ex-husband. So please accept that maintenance and alimony are two different things.

And not only that maintenance can be filed in different sections, Crpc 125, DVC, 24Hma but alimony  comes into picture only after issue of decree either Divorce or RCR or judicial seperation.

Originally posted by : sai narayana
	Stanley, you are saying that maintenance and alimony are same and also said if she is remarried she will not get maintenance. So from the above two statements can we presume that once she is remarried she will not get alimony? Can you come with a case law prohibiting a wife from claiming alimony from her ex-husband. So please accept that maintenance and alimony are two different things. And not only that maintenance can be filed in different sections, Crpc 125, DVC, 24Hma but alimony  comes into picture only after issue of decree either Divorce or RCR or judicial seperation.

Types of alimonies

According to Mumbai-based family lawyer Mrinalini Deshmukh, there are two types of alimony. "When it's given during the time of the court proceedings, it is a maintenance amount. The second is when it's given after the legal separation," she explains.

After separation, alimony can be taken either as a one-time lump sum amount or a fixed payment, which could be monthly, quarterly and the like, depending on the requirement of the spouse.