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Can wife claim maintenance after obtaining ex-parte divorced?
15-Nov-2023 (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 maintenance from me as we are not husband and wife now? Please advise what will be the impact of divorce on remaining cases?
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The trial in 498A IPC and other dowry related cases will go on until it has not been compromised and withdrawn.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.
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The trial in 498A IPC and other dowry related cases will go on until it has not been compromised and withdrawn.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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Adv. Aditya Shukla
Allahabad | 25+ Answers
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What are the disadvantages of ex parte divorce?
Exparte Divorce Disadvantages: An exparte divorce has many disadvantages, including the possibility that the other spouse will challenge the divorce, or the divorce may be unfair. It is also possible that the other spouse wont be aware of the divorce. 22-Mar-2023
Is it mandatory to give maintenance after divorce?
The Supreme Court ruled that family court judges cannot delay the payment of maintenance to a divorced wife. The Supreme Court added that a husband cannot escape his responsibility to provide sustenance to his wife, despite their deteriorated relationship.
What happens after ex parte divorce?
Even if a divorce ex parte is granted, a court must still consider the rights and interests of both parties. The court must make sure that the divorce decrees are fair and reasonable, and that both parties get due process.
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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Adv. Anurag Bhatt
Allahabad | 500+ Answers
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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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Adv. Vivek Kumar Srivastava
Allahabad | 25+ Answers
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