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Crpc 128 notice after 5 years. Inspite of compromise.


In Divorce Law
Order of Maintanence was given in 2017 and 3 installment of Maintainance were given regularly but on 4rth month Wife and Husband came to compromise and started living together happily. \n\nHusband withdrawn the Divorce case(Dessertion/cruelty ground).\n\nWife stayed with husband for 1.5 years and after she again went to her parents home and denied for coming back.\n\nNow wife has deserted husband since more than 3 years and now in 2023 she has sent Notice under CRPC 128 for recovery of arears of Maintainance from year 2017.\n\nWhat can husband do in such situation? Does that order still valid and does she have right to claim this money.

Answers (1)


162 votes

Well, such Order of Maintenance has become Null and Void automatically when she reported to live with the Husband again. If she now wants to claim Maintenance, she has to file the fresh Petition either under Sec 125 of the CRPC or the DV Act or the Hindu Marriage Act to get Maintenance.



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