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Q. Maintananace

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Anonymous

posted 2 months ago

Q.Maintananace
I did 125 crpc in sep 2018.so my husbund was ready to give me some amount. In March 2019, I did agreement that i will give divorce n withdraw my 125 crpc case with half of total amount.so my husbund gave me half amount. Now i dont want divorce ,so my husbund asking for returning money. He is ready to fight in court. I want monthly maintance. If i return his money back , how would i get maintanace ? From which date i will get maintanance ?As i have already withdraw my 125 case , from when i get maintanace? What can be leagal step or aargument ?

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Shreyash Mohta

Experience: 1 Year(s)

Responded 2 months ago

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A. ) File a suit for maintenance.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 2 months ago

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A. ) Dear Sir,
You can file maintenance case again and you need not return earlier amount which you have taken.

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Sanjay Kumar Jha

Experience: 17 Year(s)

Responded 2 months ago

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A. ) Dear client,
U/s 125, Crpc is claimed by court on passing Order to pay amount. If you have , received amount cash in your hand no transaction proof the you may refute it, then no need to worry. However instead of such, tell the court to decide on merit and adjust the order amount monthly payment to you. One can not sue her spouse for breaching contract ,
Until divorce has not been decreed between spouse.
So no need to worry. Any thing further you may contact for review ,draft of your petition in need before court on payment of fees.
Thanks
Thanks

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vishnu Prasad V

Experience: 11 Year(s)

Responded 2 months ago

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A. ) Agreement is about full and final settlement or not,if it so u can't cancel. Maintenance depends on his earning capacity . If u can ask maintenance he will put the agreement before the court as evidence. It make long time to get maintenance.

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Rameshwar Dadhe

Experience: 3 Year(s)

Responded 2 months ago

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A. ) You will need to prayer before court. But depends on court

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