Paid Advise

Can wife file second application for maintenance?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

33507 Advices

41371 Consultations

Reading Time:

Whether the second application under section 125 crpc is maintainable? The first application has been decided on merit u/s 125 cr.p.c. maintenance paid to daughter till her majority. Now she moved a fresh application under 125 cr.p.c. for her maintenance.

In your case, she had filed the first application for her daughter’s maintenance. Now she has moved the second application for herself. Section 125 crpc provides alimony to children, wife and parents who have been living in vagrancy.

Hence, the second application is valid according to law. Section 125 crpc does not bar to file such an application. However, she cannot seek similar relief in the subsequent application but claim two different relieves in two different applications.

Now the court has to decide whether her claim is genuine. If she has been living in destitution then she has the right to get financial help from her husband. The husband cannot refuse to maintain her.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Increasing maintenance in mutual consent divorce

Question: Can I claim for increasing maintenance in mutual consent divorce? Whether maintenance granted under consent terms in mutual divorce can be directly enhanced under 127 crpc without any order under 125 crpc.  Asked from: Goa The decree of mutual consent...

Wife filed false case of rape on my brother

Question: Date (July -21) - After one month, she filed section 125 and demanded 25 lakh (They spent on marriage around 2 to 2.5 Lacs Maximum) Date (Aug -21) - Then I filed a case under section 9 of the Hindu Marriage Act. Wife filed false case of rape on my...

Husband has not been paying maintenance since March 2020

The court has ordered under section 125 crpc to pay maintenance @18000 per month. But my husband has not been paying the maintenance and he wants to file a divorce case against me. I have contacted my advocate for taking legal action against my husband for payment of...

Can I get maintenance from my unemployed husband

Can I get maintenance from my unemployed husband? My husband is unemployed due to heavy losses in business during the Covid period. He is still not working but capable of feeding his family. Recently he has developed an illegal relationship with his ex-employee and is...

Adjustment in amount of maintenance under Section 125 crpc

I want adjustment in amount of maintenance under Section 125 crpc. My wife has filed a case in Section 125 crpc for maintenance. I have been ordered to pay maintenance. Hence I have been paying the maintenance to my wife since 2009 till 2020. Now, the problem is that...

A maintenance order without hearing the husband is void

The court cannot pass a maintenance order under Section 125 of the Code of Criminal Procedure (crpc) without hearing or giving the opportunity of hearing to the husband. If the court did so, it has breached the principle of natural justice. The husband should file an application under section 126 crpc for setting aside that order. There is a period of limitation for filing of such an application u/s 126 crpc

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54