The maintenance case cannot be dismissed just because her domestic violence case was dismissed.

If the maintenance case was disposed 9 years ago, then what prevented you from preferring an appeal against the aggrieved judgment?

If you have proof to prove that she is employed and drawing a handsome salary income which would be sufficient to sustain her  expenses, then you can file a petition before the same court seeking to cancel the maintenance award granted in the same case. 

You cannot claim your stay at abroad as an excuse for not preferring the appeal till this date.

A criminal revision must be filed against such an illegal and arbitrary order on grounds of dismissal of the domestic violence case and the fa t that she has deserted you.

You have to comply with maintenance order passed by trial court 

you can file appeal gains order if wife is working and has suppressed material facts about her employment 

Maintenance order can be challenged on grounds of willful desertion and wife is capable of supporting her as she is earning.

Produce documentary evidence  of her earnings order of maintenance will be set aside. You have file an appeal in High Court under Section 19 of Family Court Act within thirty days of obtaining copy of order.

Dismissal of dv case is no ground for denying maintenance.

Dear Sir,

1) You cannot deny maintenance on ground that dv case got dismissed.

2) If your wife has started earning and is able to maintain her self sufficiently, then you should file petition for alteration of maintenance, on basis of change of circumstances.

Thank you

- Yes, you can challenge the 125 CrPc case , after producing the dismissal order of the domestic violence cases .

- However, if 9 years from passing the judgment in 125 case has been passed , then legally you cannot even file appeal only on the ground of working abroad. 

- If, you was not having knowledge of passing this amount maintenance , and just came to know then you can file an appeal against this order on the ground of recent knowledge of the order. 

- Further, if a wife is living separately without a reasonable cause , then she cannot claim any maintenance from her husband . 

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Hence, you can file a divorce petition on the ground of cruelty and other mentioned grounds. 

You can contact me , if further suggestion needed. 

An appeal is to be filed before the appellate court challenging the said order for payment of maintenance passed against you by the Family Court at Bhopal.

Dismissal of domestic violence case on being false makes no deterrent to file case for maintenance if she is otherwise eligible. 

To get an order of maintenance dismissed, an appeal against the order under Section 125 of the Code of Criminal Procedure, 1973 is not maintainable. The legal option which is available is to go for the revision proceedings against the order under Section 397 of the Code of Criminal Procedure, 1973.

However, in your case, even revision proceedings also seems to be impossible as there is an apparent delay of 9 years whereas revision against the maintenance order should have been filed within 90 days from the decree or order passed.

Even if you are able to convince and satisfy the court about this inordinate delay, the court may or may not allow your revision application. It may be assumed that you’ll be taking the ground that your wife has deserted you and left the matrimonial home without any sufficient reason only to extort maintenance from you, even when she has sufficient means to maintain herself.

So, in that case, Masud Ahmed vs. State of Bihar [2019 SCC OnLine Pat 1880] and Aarif vs. Shajida [2019 SCC OnLine MP 1379] could be of help to you as in these case laws, the Courts have approved the revision application of the husbands because the wives could maintain themselves.

But let me tell you, numerous judgments have also been passed by the court holding that even if the wife is capable of earning or is earning, cannot be denied the maintenance by the husband. So, there is no hard and fast rule which the courts have been following in allowing or rejecting the revision application, it all depends on the facts and circumstances of each case.

Hope this satisfies your query! All the best!