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Maddy   11 August 2016

Pending alimony

Dear Sir,

My sister had Divorcee in 2010, Court order her husband to give maintainance of Rs. 4000/- PM. He gave it for hardly one year and then he stop giving Maintainance suddenly. when again we send him Notice from advocate then for next few month he gave it and again stop giving maintainance. Then on he never gave any maintainance. My sister having One son. Her son completely depends on her. Due to which she started working in hospital. Because of our poor financial condition we were never send him notice nor we went to court again. but now a days it has become very diffcuilt to maintaine childs education & others expences for my sister on her own. Please let me know wheather she can go to court against her husband. afetr so many years does she have rights to do so. if yes on what basis we should file Case against her husband. her husband after their divorcee remarried & has 2 childrens.

 

Please guide.

Thanks & Regards.



Learning

 1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     11 August 2016

The option of going to court for claiming pending maintenance depends on whether the same was awarded under the domestic violence act or section 125 Crpc.

Augustine Chatterjee

Advocate & Solicitor at Law

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