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Got exparte divorce, now remarried, ex-wife now filed for maintenance
11-Mar-2023 (In Divorce Law)
Sir, i got exparty divorce. And after 3 month of divorce i again got married. In my decree of divorce there nothing written in maintainance column. Now my ex wife filed maintainance case under 24 and 125 IPC. weather she is eligible for maintanance as per law?
As per Section 125(l) (a) of the Criminal Procedure Code, if any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct. Here ‘wife’ includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Thus, if she has not remarried to anyone or is not capable of maintaining herself then she can claim maintenance under the aforementioned section.
Thus, if she has not remarried to anyone or is not capable of maintaining herself then she can claim maintenance under the aforementioned section.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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