Divorce and maintenance, criminal case
19-May-2025 (In Divorce Law)
Mere bhai aug 2023 me divorce ka case lgaya tha jisme ladki Wale ek b date me ni aaye or case ek paksh me divorce ho gaya hai or 25 may 2024 ki dicree bhi mil gayi hai par ladki walo ne 20 dec 2023 ko maintenance or criminal case lagaya hai jiski sirf abhi tak sirf date aage badh rahi hai
To aise case me kya kr sakte hai or divorce k baad koi effect padta hai inka case ka
After divorce decree no case of criminal nature is maintainable as it is afterthought . However if any FIR is registered u can go for quashing of that in High court. Maintenqnce case can be filled provided if she is not earning ,that can be countered if there are valid proofs that she is having sufficient means .
Since your brother received an ex-parte divorce decree on 25 May 2024, it remains legally valid even though the wife never appeared. However, the maintenance and criminal cases she filed in December 2023 can still continue, as they relate to past alleged incidents and are treated independently. Divorce does not automatically cancel such proceedings. Your brother can defend the maintenance case by proving she has independent means or that her claim lacks merit. For the criminal case, he can explore filing a quashing petition under Section 482 CrPC if the allegations appear false. If you need assistance with any legal drafting, defense strategy, or court representation, feel free to contact me.
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