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Wife files for maintenance after incomplete mutual consent divorce
07-Apr-2023 (In Family Law)
After i had paid half of the amount decided for mutual consent divorce case with my wife . i withdrew form that case and divorce did not happen due to unforeseeable circumstances . now after 3 years after having left my house wife has filled a maintenance 125 crpc case and a divorce by decree against me. 1/ what are the chances of her filling a dv or 498a case against me. and how much ground they will hold. 2/ what should i do in such a situation ?
See as you withdrew from the mutual consent divorce before the second motion so I believe that you are not yet divorced from your wife. Now as per law a woman cannot file DV against you after 1 year of ending of household relationship. Hence, in the present situation if she files a DV case then you can challenge its maintainability. However, you can file a 498A case against you but you can always say that it is an afterthought as the same is being filed at such a belated stage.
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Adv. Samyak Raj
Delhi | 500+ Answers
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The amount you already pays can be deducted by the court while decides maintainance.... and ask for the maintenance is her legal right.... and filling a case of DV and 498 are option she can file it ....
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Adv. Jagandeep Singh
Amritsar | 100+ Answers
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