Ajju Saiyed 30 June 2018

can divorcee wife get maintance from her divorce husband ?

applicant file maintance u/s cr.p.c 125 .but both parties has taken divorced by the mutual consent on 100 rs stamp paper before Notary.in divorce deed applicant left her maintance in favour of respondant .applicant is now divorced wife.but respondant got marry .the question arise that can applicant file maintenance u.s cr.p.c 125 ??

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Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 01 July 2018

Sir, Yes she can .... Warm Regards Kapil Chandna Advocate 9899011450,9911218741

TGK REDDI 01 July 2018

Mutual Consent on stamped notary paper is invalid.

Vijay Raj Mahajan (Advocate) 01 July 2018

The religion of parties in question not mentioned. The divorce by mutual consent in Muslims need not be through Family Court it can be out of court through agreement that get registered with local quazi and obtain the Talaqnamma. As far asking maintenance under section 125 Cr. P. C is concerned that right exists for even Muslim women. The maintenance under section 125 Cr. P. C is sought by divorced wife also exists in this provision from divorced husband, and if that is asked will that apply to Muslim parties has to be seen in the particular case based on the various court case laws with regard to this issue and the Muslim Women (Protection of Rights on Divorce Act,1986.