• Maintenance after divorce

My wife left house without my consent in 2000. I file divorce case in 2004 and got ex-party decree for divorce in 2007. Now, in 2014 she filed case for maintenance which is under trial. whether she is eligible for maintenance.
Asked 8 years ago in Family Law
Religion: Hindu

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6 Answers

Yes she can file maintenance even at this stage, there is no impediment in it.

T Kalaiselvan
Advocate, Vellore
90025 Answers
2497 Consultations

Hello,

If divorce has been granted which has not been challenged within the prescribed time then I do not think that she is eligible for maintainence, however as per law a case can be filed. Reason being as follow:

Case for maintenance can be filled any time after the divorce as there is no time limit specified by law in which case required to filed, only if you have not remarried after the marriage. The court at the time of deciding whether to to award maintenance or not will look into financial status of both husband and wife, and for this court will ask about your bank details and affidavit of your income,assets and expenditure.

It is very important to show the court that you do not have any source of income to maintain your self. As you are asking for maintenance after a span of 10 years, you will also be required to show the change of your financial conditions

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1)ex wife is entitled to maintenance

2) i presume that she is not working

3) even if she is working if there is substantial differences in your income ex wife is entitled to maintenance

Ajay Sethi
Advocate, Mumbai
99824 Answers
8148 Consultations

1. A divorced wife is still entitled to maintenance during her lifetime.

2. The only bar on divorcee wife in getting maintenance is if she has remarried or she has her own source of regular income at your standard.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Since the case is under trial, what points are to be put up to court from our side for no maintenance.

You can prove that she has abandoned the matrimonial home on her own without valid reason, she never bothered to claim any such rights all through so far as she was employed or having sufficient income to sustain herself hence she is not entitled for maintenance.

T Kalaiselvan
Advocate, Vellore
90025 Answers
2497 Consultations

Since the case is under trial, what points are to be put up to court from our side for no maintenance.

To defend your interests in the maintenance case you must, during the cross examination extract the reasons for abandoning the matrimonial home and also can extract if she had been sent out or she left the house on her own.

Also the knowledge about the exparte divorce already granted etc.

Try to weaken her case as much as possible by putting plenty of such questions before her so that she is confused and contradicts her own statements which would be beneficial to you.

T Kalaiselvan
Advocate, Vellore
90025 Answers
2497 Consultations

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