MARITAL DISCORD

If she remarries then she can't claim maintenance .

Dear Querist,

The Hindu Marriage Act, 1955(2), and the Hindu Adoption and Maintenance Act, 1956, give women the right to claim maintenance after divorce.

According to a Supreme Court ruling, even if an estranged wife is earning, she can make a claim for maintenance if her income is not sufficient to sustain her. So, the belief that a working woman cannot claim maintenance does not hold true. Various Acts, such as the Code of Criminal Procedure, 1973, also ensure that the woman can demand maintenance even if she is separated and not divorced. Besides, as per a high court ruling, a husband cannot get away with not paying maintenance to his wife by saying that he is jobless or is not earning.

There are various situations where a wife is not granted maintenance by the husband. 

1. Woman who contracts a second marriage.

2. Woman whose maintenance has been cancelled by a competent civil court under sec.125 of crpc. 

3. Where a woman is staying away with mutual consent. 

4. In case of adultery by the wife. Such grounds can be used to discontinue maintenance by the husband. 

Regards,

Palak

Best defence is offence which means that you must file the cases against her. Moreover your 498A and DV cases are disposed of that will be a good ground for the same to bring her under pressure.

For more detailed discussion contact at 9717985984 , ADVOCATEVG20@GMAIL.COM- Adv
Vishal Garg