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Regarding maintenance under sec 125 crpc.
16-Apr-2025 (In Divorce Law)
I never stated in the family court that I am neglecting to maintain my wife and court in his observation mentioned that respondent neglected to maintain his wife while rejecting my one of the application. Now I am confused what to do whether to continue giving maintenance to wife or not. Any further legal remedy available for me
If the court observed something what is not there in the pleadings or records then that is beyond the scope of the court. Therefore you must challenge such order, as it must have been an interim order.
Wife has a right for maintenance subject to the conditions laid down by the Supreme Court. If she is having source of maintaining herself, then such aspect is required to be taken on record before the court of law.
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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If the court has made an observation that you neglected to maintain your wife, despite you not making such a statement, you may consider filing a review petition or an appeal, depending on the nature of the order and timelines involved. It's important to understand that maintenance is not solely based on your statements but on the circumstances, income, and dependency. If you believe the court’s observation is incorrect and has affected your rights, you can challenge it legally. Meanwhile, unless stayed by a higher court, you are advised to comply with the maintenance order to avoid adverse consequences.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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If maintenance is decided by the court to pay her
it is required to pay simultaneously you can take other legal options available . you can challenge the maintenance order if it is an excessive amount. you can file section 9 case or divorce petition.
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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Continue giving maintenance to your wife as it will help you in positive sense in your further proceedings. For any further enquiry or detailed discussion you can contact us.
Regards
Mehak Bhatia
Advocate
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Adv. Mehak Bhatia
Delhi | 50+ Answers
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it completely depends upon whether there is any order for maintenance passed or not. if there is any order for maintenance pending execution in that case you should pay maintenance otherwise no benefit. You can call for detailed discussion and advice if required
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Adv. Vikas Sharma
Delhi | 200+ Answers
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