• Can my ex wife claim maintenance after 12 years of exparte divorce

Dear Sir,
I married on 07/94.Due to unusual behavior and unwilling for sexual relation I left my house from 11/96. I got exparty divorce from my wife as she did not attend the court after 3 times of summon service. She left my house on 10/2000.Since then m son is with me. Now my son is taking tuition for banking service etc. I am a television mechanic.Now a days there is a very less income.I repair at home calls only.I have no service no shop etc.My income is 7/8 thousand per month.
Now She has filed for maintenance of Rs.5000/- per month from me, prayed to take her care by son
and a portion from my parents property. Where as the house in which my father and my last sister is residing is in my late mother's name. I have seven sister out of which I have expend more for the marriage of 02 sisters and the last sister is waiting for marriage.
Please guide me regarding the case filed by her.
Dillip Kumar Pattanaik,Joda, Odisha.9437032813.
Asked 3 months ago in Family Law from Joda, Odisha
Religion: Hindu
1) if your income is only 7000 per month court would not seats yiur wife Rs 5000 per month 

2) file detailed reply denying allegations made in application 

3) state that wife deserted you and child 

4)wife has  no share in your mother property 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Wife has no share in your mother property 


2) court will not award her Rs 5000!maintenance if yiur income is only Rs 7000 per month 

3) object to custody of don being awarded to your wife as she deserted  the child when he needed her most 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
She cannot claim maintenance from you after 15 years of passing of ex parte decree of divorce against you. You should contest her case fittingly in the court. The legal remedy of moving the High Court for the quashing of her case is also available to you.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Exparte divorce decree has nothing to do with the claim for maintenance case filed by her that too at this belated stage. 
She can very well claim maintenance  case for herself and the children under section 125 cr.p.c. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
She can claim maintenance or herself and the ior child however she has no right in your mother's property.
This is not maintainable. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
wife would not be awarded Rs 5000 when your income is only Rs 7000 

wife has no share in your parents property
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Now She has filed for maintenance of Rs.5000/- per month from me, prayed to take her care by son
and a portion from my parents property.
How can I defend?

She cannot claim a share in your parents' property neither for herself nor on behalf of the son.
She may claim maintenance for herself and the minor child provided she is not employed or not remarried.
Let she file the case, you can challenge the same and defend your position.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1) if son is staying with you and his expenses are met by you then you don't have to pay for his maintenance 

2) you have to maintain your wife even if son is employed . It is your responsibility to maintain your wife 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
If your son is major by age then there is no question of maintenance for him..

If she is claiming maintenance from your son, then she has to prove that you are not capable to maintain her and your son is employed drawing handsome salary hence obliged to take care of her.

If she fails to satisfy the court on the above point her maintenance claim shall stand dismissed. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0

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