The maintenance order passed under section 125 of the code of criminal procedure is tentative in nature. The court may stay the maintenance order passed under section 125 crpc if wife already getting alimony under section 24 HMA.
Family Law Advice
Our advice on: Family Law Advice & Maintenance Cases
Premarital unchastity of wife ground of divorce
My wife had premarital unchastity i.e. pre marriage sex with her boyfriend. I got married on 22/04/2016 at Warangal, Telangana. One day, I received messages and calls from one person saying that the person and my wife is having an affair from 6 years and being in a physical relationship for more...
Extra-marital affair: a ground of divorce
My wife has an extra-marital affair with her ex-boyfriend. I knew about her extramarital relation when I saw some intimate photographs on her mobile phone. I have collected all those photos as evidence to prove her illegal relation. She accepted the sexual relation with her paramour when I caught...
Having doubt on husband and his family for hiding something very important from me
I suspect my husband as well as my mother in law to be hiding some previous affair of my husband before marriage. Everything they tell me is a big lie. Something fraud like mindset they have got. They force me to do things that either I don't like or things that will make an impression of me of a...
Does affidavit of husband mandatory for Section 125 CRPC?
My husband is living in Delhi, and I am in Kanpur. He has expelled me from the marital home and also does not want to give maintenance. Therefore, I want to file a complaint under section 125 CrPC for maintenance. Is it necessary to file the affidavit of husband and wife for filing of the...
Wife has filed many court cases concerning the matrimonial dispute
My wife has filed many court cases towards the matrimonial dispute. I have also filed a case under section 9 of the Hindu Marriage Act for restitution of conjugal rights. The said case is running for more than two years and currently at the argument for maintenance. The court has granted the...
Irretrievable breakdown of marriage in the Hindu Marriage Act
The Hindu Marriage Act does not recognise the concept of irretrievable breakdown of marriage. This concept does not allow the parties to prove guilt for divorce, therefore, it gives easy and respectable exit from the matrimonial bonding. In the modern development of social and economic conditions, marriage is no longer an institution. The marriage became a contract between the parties. Some provisions of the Hindu Marriage Act also made the marriage a civil contract between the parties.
Could I get my jewellery and share in the property on divorce
Husband drove me away after eight years of marriage. We have a property in which I invested 80% and my jewellery. Also, there was domestic violence. I filed a police complaint. We adopted a baby girl, and they kept the baby. If I file a divorce case, will I get my jewellery and 80% of my share of...
Unrealistic response by wife for RCR notice
I have sent an RCR notice to my wife. She has answered that they will arrange for sitting after two months. Until then she will not come to my house. It seems, even though both of us are staying in Bangalore and my kid will be there at her parent’s house in Hyderabad. They are restricting me to...
Wife without any reasonable cause refuses to live with husband
Sub-section 4 of Section 125 crpc enumerates that if a wife without any reasonable cause refuses to live with her husband, she is not entitled to maintenance. The court before granting an order of maintenance must examine the fact of refusal to live with the husband.