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I was granted sec 9 post that i moved application for sec 13 on January' 23.Now my wife on sending n


16-Apr-2023 (In Divorce Law)
I was granted sec 9 post that i moved application for sec 13 on January' 23.Now my wife on sending notice to appear in court filed a case under sec 125 crpc and claimed maintenance .She filed claim in alipore court Kolkata. However ,she has been residing in her mother's house in howrah. She tried to establish the fact that she is now resides at Kolkata address. Also, she came on 4th April 23 and filed Sec 24 and post mitigation she insisted to get divorce and demanded maintainance.I want to inform that my wife is a Bengali graduate and had worked for 5 years in Lucknow. Now she is not working and we have no baby as he resides only for a year. Is she eligible for claiming maintenance . Councillor tried to impose me for accepting her maintenance but i denied as i want her to come back and will not agreed to give maintenance. She can earn her livelihood...Plz tell how can I bring her back and if she being assertive..how to refrain her to claim maintainance.
Answers (3)

Answer #1
526 votes
dear client as per your query I can only suggest that it's good that you want her to settle down with your wife but your query is not elaborate as what is the date of your marriage why and for what reason you file sec 9 etc what ever you have discussed in this query it's her right as per law and by fulfilling that will show your bona fied as you can file a reply to by filing a detailed parawise reply to it for future paid consultation please contact us with your relevant documents.
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Advocate Rahul Rathi

Adv. Rahul Rathi

LawRato Allahabad | 700+ Answers
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Answer #2
575 votes
why you would filed section 13. who would suggest you to file this case. section 9 is the one and only defence. second one that if she is eligible earning for her maintenance then not entitled for maintenance from you under section 125.
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Advocate Ankit Gupta

Adv. Ankit Gupta

LawRatoLucknow | 400+ Answers
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Answer #3
859 votes
according Hindu marriage act being a wife she has right for maintenance but you can fight in the court for divorce if the legal grounds are sufficient and when you will prove in the court that wife unnecessary living with her parental home ,you can prove that she is not maintenable for the maintenance .
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Advocate Yogita Sharma

Adv. Yogita Sharma

LawRatoNoida | 25+ Answers
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