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Author Topic: Wife can claim maintenance u/s 125 CrPc RCR/Divorce is in trail stage?  (Read 3638 times)

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Offline smart

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Is Wife can claim maintenance u/s 125 CrPc RCR/Divorce is in trail stage?

I am running the RCR case. But my wife filed DVA maintenance u/s 125 crpc. I am planning to not press my RCR and file fresh divorce case ground of mental cruelty.
After filed my Divorce petition, has my wife 125 crpc maintenance dismissed or not. What is the correct direction of me.
« Last Edit: June 18, 2014, 02:52:24 PM by smart »

Offline Advaradhyakirmani

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maintenance is completely a discretion of the judge
« Reply #1 on: June 18, 2014, 06:47:33 PM »
No matter what you file your wife's maintenance case u/s 125 remains un affected
However she is entitled to maintenance or not, or the amount of maintenance is completely a discretion of the judge
« Last Edit: June 18, 2014, 06:49:12 PM by Advaradhyakirmani »
Adv.Aradhya Kirmani
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Offline Fazle haider zaidi

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Re: Wife can claim maintenance u/s 125 CrPc RCR/Divorce is in trail stage?
« Reply #2 on: November 23, 2014, 02:56:00 AM »
I got married under special marriage act on 5-7-95 followed by nikah on 7-8-95 and after 11 months the divorce took place as per Muslim law and amount of mahar and iddat was paid but special marriage was not dissolved and that marriage is still exist. Since October 96 we are living separately . In April 2012 my wife filed petition u/s 125 crpc as divorced Muslim woman claiming maintenance for herself and her major daughter .in her petition  she totally consealed special marriage which still exist.i am contesting the case. Please guide me how I contest? Is my wife is entitled for maintenance? As per special marriage act she is not a divorced wife and she is claiming maintenance after a long gap of 16 years.

Offline advbose

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Re: Wife can claim maintenance u/s 125 CrPc RCR/Divorce is in trail stage?
« Reply #3 on: November 23, 2014, 07:43:01 AM »
If you are the biological father oof unmarried daughter than yes the daughter IIS entitled.

regarding your divorce as par muslim personal law is challenged because of your marriage under sms, you should contest it, file an application in supreme court for guidelines on its validitg

 

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