661+ Lawyers are online 
Crpc 128 notice after 5 years. Inspite of compromise.
19-Mar-2023 (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. nnHusband withdrawn the Divorce case(Dessertion/cruelty ground)Wife stayed with husband for 1.5 years and after she again went to her parents home and denied for coming backNow 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 2017What can husband do in such situation? Does that order still valid and does she have right to claim this money.
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.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
