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Filing maintainence case in current city


18-Sep-2023 (In Divorce Law)
Husband has filed section 9 in his hometown. Separated since 5 years. He is not working currently and asking me to leave job n live with his parents in the village or take divorce. Can I file maintainance case in my current city with section 9 going in another state.
Answers (4)

Answer #1
856 votes
Hello Good afternoon I'm advocate Vivek Mishra well according to your case yes you can file maintainance in your current place for more information kindly contact me so that I can elaborate you more. thank you
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Advocate Vivek Mishra

Adv. Vivek Mishra

LawRato Allahabad | 900+ Answers
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Answer #2
606 votes
Hi! Yes you have to first file for divorce in the state you are living in under Section 13 of the HMA. You have to file for maintenance in a separate application under Section 125 CrPC. However if he is not working and you are, chances of such grant are subjective. Further, let the Section 9 proceeding carry on ex parte and do not bother indulging in it. I would like to understand your case in detail.
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Advocate Medhavi Mishra

Adv. Medhavi Mishra

LawRatoNoida | 50+ Answers
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Answer #3
714 votes
as you mention in your problem section 9has been filed restitution of conjugal right by your husband and you want to file section 125 case against your husband where you are currently residents woman have been given a special right in the law that if u are currently living from where you are living u can file a case of 125 crpc
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Advocate Rajeev Kumar

Adv. Rajeev Kumar

LawRatoBijnor | 700+ Answers
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Answer #4
815 votes
dear client as per your query I can only suggest that you can file maintenance at any point of time and if you have sufficient evidences which can show that he is not willing to keep you with you and want that you should lead your life with his parents would be great for further queries please contact us with your relevant documents for paid consultation.
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Advocate Rahul Rathi

Adv. Rahul Rathi

LawRatoAllahabad | 700+ Answers
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