Divorce on cruelty ground

Dear Snadeep,

First of all tell when did u get an ex-parte decree of divorce?

Whether she received summons from the court where ur case was pending?

When did she filed the petition u/s 125 cr.p.c?

When (date, month and year) did u get the decree of divorce?

Please clear all of my above queries only then I'll be able to reply u properly.

This may sound unconscionable but even a decree of divorce on grounds of cruelty (on merits mind you and not ex parte & yes on cruelty and not desertion) can't oust a lady's right to recieve maintenance because cruelty is not a defence to a maintenance case, adultery & desertion are. Hence the ex party decree may be used to reduce the quantum but not oust her right to maintenance. Moreover allegations of cruelty are not germane to decision of maintenance suit - and are important only to see whether she is living seperate without justified excuse. 

Bharat Chugh - Advocate Supreme Court of India

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Though judgments point elsewhere such a matter can be argued on grounds of equity - a person seeking equitable relief of maintenance should not be guilty of blameworthy conduct herself. 

only under  sub section 4&5 of 125 crpc if wife live in adultry. desertion without sufficient cause, or living separately with mutual consent is proved then she can not claim maintenance untill decree of divorce is passed

after divorce she can claim maintenance if she is unable to maintain herself u/s 125 crpc

so cruelty is not a ground to disentitle her to claim  maintenance u/s 125 crpc after divorce

Originally posted by : RAKHI BUDHIRAJA
	Dear Snadeep, First of all tell when did u get an ex-parte decree of divorce? Whether she received summons from the court where ur case was pending? When did she filed the petition u/s 125 cr.p.c? When (date, month and year) did u get the decree of divorce? Please clear all of my above queries only then I'll be able to reply u properly.

Thanxx for ur concern sister....plzzz advice....

1. Got ex parte decree on Ex parte decree 28 Sep 12. She never appeared.
2. She recieved summons 3 times. I satisfied proper service of summon by approaching/requesting for tracking of regd. summon through divisional postal officer. He provided delivary details via formal reply. Same was submitted to court and after 9 months ex parte ordered.
3. She filed 125 (and 498A) on 6th July 12. After recieving divorce summons.

Thanxxx Adv. Bharat Chugh and Siranjeet...

Thanxx for ur time and valuable suggestions Adv Bharat Chugh and Siranjeet...it must be some break for the code...

What if all the allegations are proved false and baseless?

I wanted to fight back with decree of divorce, as the allegations in 498A and 125 are copy cat if I start proving those false in 125 there are chances that they may come prepared for 498A. Basically i dont want to let them know what i got stored for them...

Thanxx