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Author Topic: Maintenance Valid after Divorce  (Read 358 times)

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Offline ninans2014

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Maintenance Valid after Divorce
« on: August 15, 2018, 06:19:55 AM »
I got my Divorce from my wife in 2015. Married in 2010 as per Hindu Marriage customs, we both are Hindus.

  She had filed for the divorce and my advocate advised not to contest it so I did not file any counter so that I will get the divorce.  The Marriage was issue-less lasted only 7 months after that she left me and  was residing at her home only. She had some medical condition which was hidden from me during marriage by her and her parents, but I have no proof with me to prove it. She never listened to my request to visit a Doctor with me. 

She had filed for Divorce around 2014 and was granted ex-party as we did not counter it, it was granted in 2015.

She had filed for Maintenance  for that previous year (2014) and was granted by Family court in 2014 and still I am  paying it till date monthly through the family court.  I have paid all the installments and have not failed in making the payment.  She also filed a past maintenance case and  I have paid the full amount in past maintenance. Till date I have paid a big amount as monthly maintenance and still paying it.

My question is on the below :
Many people told me that as per Indian laws, once the Divorce is requested by the Wife and granted there is no need to pay the Maintenance.

Is this correct information according to Indian Laws and if this is true is there any provision for me to approach any Court to get the Maintenance cancelled permanently ?

Please forgive my ignorance if this is a wrong question.

Thanks,
Ninan.

Offline advgaurav.sharma

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Re: Maintenance Valid after Divorce
« Reply #1 on: August 27, 2018, 01:05:27 AM »
why are u in this position divorce is settled with a lumpsome amount one time payment.

you are maintaining your ex wife who is no one to you now.

you file an application in court to stop maintenance as the maintenance was given to your legally wedded wife  by the court.

now she is a stranger, how would you be responsible to pay a stranger maintenance.
Advocate Gaurav is a specialist in Trademark laws

Offline kalaskarkk

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Re: Maintenance Valid after Divorce
« Reply #2 on: August 27, 2018, 09:51:15 AM »
Dear sir,
Till her re marriage a divorced wife is entitled for maintenance.  Under the following circumstances the maintenance  may be cancelled or reduced. 
1.   Adultery
2.   Remarriage
3.   Employment
4.   Change of Religion etc.  the recent judgment is as follows:

=================================
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline ninans2014

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Re: Maintenance Valid after Divorce
« Reply #3 on: August 29, 2018, 10:28:16 AM »
Respected Kailash Dutt sir and Gaurav Sharma sir,

Thanks for your reply.

I am confused now as I have two different responses.

Can you please clarify if any recent Judgement in this regard please ?

I quote my earlier question below
---


My question is on the below :
Many people told me that as per Indian laws, once the Divorce is requested by the Wife and granted there is no need to pay the Maintenance.

Is this correct information according to Indian Laws and if this is true is there any provision for me to approach any Court to get the Maintenance cancelled permanently ?

Please forgive my ignorance if this is a wrong question.

---------

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Re: Maintenance Valid after Divorce
« Reply #3 on: August 29, 2018, 10:28:16 AM »

 

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