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Pending alimony can a case be filed


22-Feb-2023 (In Divorce Law)
Dear Sir, My mom & dad got divorced in 1989. But my father never paid any maintenance to my mother nor any child maintenance which was officially ordered by Thane court . My mom raised me on her own. Because of Poor financial conditions in 1989 my mom couldn't continue her divorce case & then the family of my father never entertained. Then my mom start working. my simple question is whether can we file complete new petition against my father for not paying the Maintenance & neglecting his responsibilities. Is it possible & if yes under which Section shall we file petition. Thanks.
Answers (3)

Answer #1
673 votes
Hi
If your mother was granted maintenance in the Divorce decree she can file Recovery application / Regular Darkhas for recovery of arrears , she can approach legal aid for filing the application or on her own .
Answer #2
958 votes
Hello,
As tour mother is working it will be difficult for maintainance. Divorce petition can ofcourse be filed. We can file an application for maintainance and give it a chance under Section 24 and 25 of HMA.
Answer #3
850 votes
Hi the case filed in 1989 was of divorce and not for maintenance so there is no question of maintenance but your mother can file maintenance case now. Even if there was any case file for maintenance and any order for maintenance was made than also you can file case.

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.

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