Divore and maintenace

1. She can claim maintenance under S. 125 CrPC. Your friends facts falls under recent judgment of Hon’ble Supreme Court in ref. Shamim Bano Vs. Asraf Khan {16th. April 2014}. Suggested to guide her to an local advocate found via reference and proceed in accordance with binding spirit behind above quoted most recent judgment from Apex Court of India. 

2. Maintenance under DV Act is not possible at such belated stage reason being with divorce between parties inspite of following any personal Law the 'domestic relationship' ends between parties. In presented facts the domestic relationship' is said to have ended some seven years ago. 

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She is entitled to maintenance as the reasons enunciated in the hon'ble Supreme Court's Judgment in "Shabana Bano Vs. Imran Khan" (I (2010) DMC 37 SC and also various cases cited therein.  Kindly go through the attached file and understand the cognet reasons behind them.

thanks sir,

Got 2 queries

1) She is working and doing petty job and from it her husband can say that she is able to maintain herself.

2) Divorce happened in 2005, her husband orally gave talak thrice in front of some relative and she was not there and in 2007-8 gave it in writting that he has already given divorce 3 years back. My frend did not accept it. However, later when her husband wanted to come back in 2012, she refused him entry and same mentioned in her on of written argument that she can not join him as it is 'HARAM' (forbidden) on him to join him as he has already given talak. Does this can be regarded as her acceptance of talak?

3) Also more than 8 years passed after divorce and she filed DV 3 yrs back. What are consequences?

also one more question please.

4)  If her husband files conjugal right then what to do as the divorce not happened in eye of law?

In the given facts, there is remote possibility for her to get relief in Domestic Violence case.

But maintenance under Section 125 Cr.P.C. is available to her.   She has to take a definite stand that whether she is divorced or not.  Even if she accepts that she is divorcee, she is entitled to maintenance under Section 125 Cr.P.C.  But is she says that there is no valid talaq and she refuses to go and stay with him without having any reasonable explanation (just saying 'haram') will disentitle her to get maintenance as there is wilful desertion from the wife.  So, let her first take a stand that whether she is a divorcee or not.  If divorcee, she will get maintenance.  If not divorcee, she has to show before the court a reasonable explanation that why she is refusing to go and stay with him.