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Grant of Maintenance 125 crpc in India


20-Dec-2023 (In Family Law)
Hello Ma'am, Can you please answer my question. My husband's advocate came to the date for Maintenance 125 case He said he wants to file a case cancellation application on the basis of forum shopping. As I filed maintenance in US court as well. As if now the judge denied to take the application and arguments are running whether the court can entertain an application by the power of attorney. My question is: Do I have a right for maintenance in India? I do filed a spousal support in US court but no order was made and I came back to India. After which it was dismissed.
Answers (3)

Answer #1
888 votes
I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise in matrimonial cases. It is advisable to share the documents and brief the lawyer and seek legal opinion.
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRato Delhi | 1000+ Answers
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Answer #2
922 votes
After understanding your current situation you can completely legally entitled to file a maintenance and on satisfaction can grant you the same regardless u can claim maintenance under several law being a wife simultaneously too You can contact our office for further discussion
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Advocate Madhu Tyagi

Adv. Madhu Tyagi

LawRatoDelhi | 200+ Answers
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Answer #3
675 votes
Yes you reserve the right for maintenance and other legal rights in india. As the US case dismissed for the want of prosecution therefore this can not be the forum shopping. Even presently you are in India therefore you reserve the right. With regard to entertaining the application by attorney is valid and allowed the guidelines are complied with. Please feel free to reach out for further assistance
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Advocate Prashant Vaxish

Adv. Prashant Vaxish

LawRatoDelhi | 400+ Answers
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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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