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How to reopen the maintenance case, if withdrawn earlier
19-Jan-2023 (In Divorce Law)
Sir, I am belong to a hindu family .sir i filed a case against my husband of domestic violence and maintainance.my ex parte divorce has been done in last yr.can he further filed any case in near future related to divorce?and my 2nd question is it possible to restart the case of maintainance 125 after withdrawing it.please Sir give me a suggestion so that I could able to take right decision.
Yes you can still claim from your husband even if you are divorced. You are requested to show papers if any. Detailed discussion is necessary. There are recent judgements on it. Moreover if you have any children your husband is bound to maintain lifelong.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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First of all your husband already got exparte divorce and if not file any appeal against this exparte order within time. Youe husband have no further right to file the same suit on same cause of action.and my second answer is that at first u should provide me your last order sheet of both maintenance cases for proper advice. Otherwise in general law u can file a fresh maintenance case against your husband but it should be mentioned it in your petition. In 125 Cr.p.c there have no any bar to file a fresh case. Regards
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Adv. Swapan Kumar Dutta
Durgapur | 25+ Answers
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Answer of your1st question is no. If he already not file any appeal/ review petition within limitation period. The 2nd answer is at any time and the condition is that you could not re-marry. If you get any job sufficient for your maintenance or re-marry your right would be waved. Thank you.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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Look, if the Divorce was done under the ground of Cruelty then your have right to claim maintenance from your husband after divorce and you also asked it if you not married again. After Divorce either Ex party or on Contest in both way divorce women can claim maintenance. It will be filed afresh. So you have right to file a fresh Petition under Section 125 only. Not DV.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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