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Nis Win   23 January 2019

Maintenance After Divorce

My wife filed Maintenance case and I too filed Original Petetion to live together. But she was abscent for one year and the court passes xpartee decree. I filed divorce case but she didn't come to this case also. Judgement came favour to me.
Now does she have right to claim Maintainance to her and my two children who are living with her after the divorce


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 2 Replies

Vijay Raj Mahajan (Advocate)     23 January 2019

Yes she can seek maintenance for herself and children even after dissolution of the marriage by decree of divorce. Divorced wife u/s125 CrPC can get order for maintenance if she is unmarried and has no means to maintain herself. As far children, they can seek maintenance till they attain age of majority. For unmarried Hindu daughter the privilege to get maintenance from her father even after attaining age of majority till she get married or has means to maintain herself, under the Hindu Adoption and Maintenance Act, 1956.

Vijay Raj Mahajan (Advocate)     23 January 2019

Yes she can seek maintenance for herself and children even after dissolution of the marriage by decree of divorce. Divorced wife u/s125 CrPC can get order for maintenance if she is unmarried and has no means to maintain herself. As far children, they can seek maintenance till they attain age of majority. For unmarried Hindu daughter the privilege to get maintenance from her father even after attaining age of majority till she get married or has means to maintain herself, under the Hindu Adoption and Maintenance Act, 1956.

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