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Brahmam (Office boy)     12 May 2010

Cruelty and desrted

My name is Brahmam, I have filed petiotion for Divorce under crelty and deserted. my ex filed maintenance u/s. 125crpc and maintenance granted 1000/- p.m. In my petiotion i stated that my ex - wife wantedly use to go her mother's home and she got abortion without my notice.  She has stayed with me not more than 10 days from the date of my marriage. I have proved what are allegations I have stated in my petition. Now my petition allowed and divorce granted.

If wife wantedly not stayed with me and cruelty proved and also proved deserted, whether maintenance can be canceled. is there any chance to file a application to cancel the maintenance on above grounds if so where do i approach.

pl inform me and help me

Brahmam



Learning

 5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 May 2010

You have two valid grounds and both will help you to proceed with divorce

Brahmam (Office boy)     12 May 2010

Thank u very much for ur reply. pl inform me whether maintenance will cancelled if i apply for cancellation of maintenance u/s.125crpc. if it is possible where should i apllied i.e. in the same court where the maintenance ordered or in the High court. pl suggest me sir.

regards

Brahmam


(Guest)

1. He says 'divorce" already decreed so where is the que. of two valid grounds here !
2. The maint. awarded under S. 125 CrPC can only be canceled if she remarries or she is dead or living in adultry so how can it be canceled with "divorce decree" in hand? It will not be. Infact you shoudl continue paying it and Rs. 1 K in today's price index is not much so do not poke a seeping mare least she now claims "change of circumstances" and files enhancement of this amount under rise in price index, medical incapacitation etc,:-)
Rgds

Amol (Citizen of India)     13 May 2010

I don't know how much time has passed for the 125 but why haven't you shown that she is the one who wants to stay away from you? Try for an appeal if time duration is there or cite some change of scenario like change of job etc for revision of petition.

Brahmam (Office boy)     15 May 2010

Final maintenance ordered in the m/o. Dec'08 and Divorce petition allowed in the m/o.Aug'09. But i have taken the final maintenance order and divorce judgement copies in this month only. so is there any time for appeal. if so pl. inform me.

Brahmam

  


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