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Balaji (Self)     10 March 2014

Is wife has right to file maintaince case after divorce

Hi All, Is wife has right to file Maintaince case after Divorce? (if wife filed Divorce case under sec 13 ia,ib). Thanks to all.

 



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 5 Replies

Laxmi Kant Joshi (Advocate )     10 March 2014

yes she can file maintenance case after divorce .

Balaji (Self)     10 March 2014

Hi I have seen below post in this forum.

 

 

 

No, if no application is made for maintenance, than there should be no order for maintenance during and after divorce.

 

 

https://timesofindia.indiatimes.com/city/mumbai/No-alimony-if-wife-hasnt-sought-it/articleshow/31755288.cms

 

 

While happy that he got a divorce, the husband complained that the family court had ordered him to pay a monthly maintenance of Rs 8,000 to his wife and Rs 4,000 to their son under section 25 of the Hindu Marriage Act. He said the section provides that "only on an application being made for maintenance, the court may order payment of any amount as maintenance". Not otherwise, he argued. 

The HC observed, "The crucial words are "on an application being made to the court", and said, "In the present case, it is clear that no application had been made by the wife for maintenance for herself and for the son. There are no prayers made on behalf of the wife for maintenance. In such case, the family court ought not to have granted maintenance to the wife or the son." 


Please advise on above post........Thanks in advance

Raji (manager)     11 March 2014

Can husband ask for alimony from wife after Divorce?

Balaji (Self)     11 March 2014

Hi All,Pls advise on above query.Thanks in advance..........

Gautam Kapoor (IT professional Studying Law)     12 March 2014

@Balaji - yes she can file for maintenance and IS THE CURRENT NORM.Even if she refuses to file MC, external forces can compel/advise her to do so. She may not ask this in her divorce petition but may pursue this via CRCPC 125.


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