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Jaslok Gandhi (g)     28 May 2011

CRPC 125 after Exparte

What will happen to CRPC 125 filed by my wife in "Ahmedabad Family Court" after expiry of 90 Days from Ex-Party Divorce by Mumbai Family Court ?



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 5 Replies


(Guest)

@Jaslok Gandhi

She will entitle for maintenance if she is unable to maintain herself whether ex-party divorce or not.

Jaslok Gandhi (g)     28 May 2011

thanx for quick reply sir.

But if I remarry after 90 days from ex-parte, even then I will have to pay maintenance to her?

Advocate M.Bhadra   28 May 2011

You can re-marry after one year from the date of decree of divorce,but you have to pay maimtenance allowance to your first wife till the remarriage of your wife or she got employment.


(Guest)

Yes, maintenance is not dependent upon your marriage, but instead it is dependent on her marriage. If she marries again, you wont need to maintain her ever. Till then, legally she is eligible for seeking maintenance, but you can contest section 125 according the requirements of the section. If she deserted you, you can defeat her claim and if she filed false allegations on you in SEction 125 application, the maintenance can b stopped or reduced significantly if you can prove her wrong.

Approach your local SIF for further advice...

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