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Can wife claim maintenance after ex parte divorce ?


17-Jul-2024 (In Divorce Law)
My wife had filed 498A against me in 2015; Crpc 125 in 2016 and divorce in 2017 at Ghaziabad court. While 498A and Crpc 125 proceedings are going on, she has obtained ex-parte divorce (filed by her). Can she still claim ex parte divorce alimony from me as we are not husband and wife now? Please advise what will be the impact of divorce on remaining cases?
Answers (4)

Answer #1
369 votes

An ex parte divorce is granted when one spouse pursues a divorce petition without the other spouse's participation, usually because the other spouse fails to appear in court despite being properly notified. This may happen if the spouse is unreachable, deliberately avoids court, or does not respond to the petition. While the court can pass the decree in the absence of the other party, it must still ensure the decision is fair and reasonable. In India, even after an ex parte divorce, a wife retains the right to claim maintenance from her husband. Under Section 125 of the Criminal Procedure Code (CrPC), she can seek financial support for herself and any minor children, as the husband's responsibility for maintenance continues despite the ex parte decree.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
647 votes
hello you should challenge rest of the cases before Honorable Court submit the divorce decree which passed by the family court which was in favour of opposite party on that basis you we take stay on the rest of cases need more clarification you may contact us Anurag Bhatt Allahabad high Court
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Advocate Anurag Bhatt

Adv. Anurag Bhatt

LawRato Allahabad | 700+ Answers
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Answer #3
719 votes
depend on the situation but generally my answer is 'no' she can't claim maintenance from youregarding details how?plz....contact me.....if hope you partly satisfy with my answer.
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Advocate Vivek Kumar Srivastava

Adv. Vivek Kumar Srivastava

LawRatoAllahabad | 25+ Answers
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Answer #4
933 votes
Exparte divorce decree has nothing to do with the claim for maintenance under section 125 Crpc. She may claim maintenance for herself and the minor child provided that she is not employed or not remarried. If the maintenance application is filed by your wife, the court will grant interim maintenance if your wife is not able to support herself or is not earning. DIVORCE HAS NO IMPACT UPON THE OFFENCE U/S 498A IPC. As it is a criminal offence for harassment and cruelty. The trial in 498A IPC and other dowry related cases will go on until it has not been compromised and withdrawn. You can file an application before the High Court for Quashing the said 498A case after finding serious loopholes in the charge sheet filed against you by the police in the 498A case and after collecting irrefutable evidence against the said Domestic Violence case. If the cases are running the in the trial court then you cannot apply for quash in the high court, you may have to confront them in the trial proceedings only.
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Advocate Aditya Shukla

Adv. Aditya Shukla

LawRatoAllahabad | 25+ Answers
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