Second application under section 125 crpc for maintenance
Sir, I refused to live with my husband due to deliberate demand of dowry and act of cruelty. I filed a maintenance case against him under section 125 of CrPC then court granted maintenance. My husband approached my family to reconcile the dispute and convince me to live with him. In fact he approached my family with ulterior motive to frustrate the maintenance order.
When I resumed marital life the same act of cruelty began because he had no interest to start a new life. My life became miserable thereupon I again decided to leave matrimonial home. I left the matrimonial home and joined a convent school as Hindi teacher.
Now I want to file another maintenance case against him however I revoked earlier petition due to resume of matrimonial life. Can I file such case?
Yes, you can file
In Mahua Biswas v. Swagata Biswas, (1998) 2 SCC 359 it is held by the Supreme Court that
The basic object of section 125 is to save the wife from starvation or destitution.
Applicantis the legally wedded wife.
- She has no sufficient means to maintain herself.
- Her husband has sufficient means but he refuses or neglects to maintain her.
Maintenance is a continuing right and
you have revoked earlier maintenance as the result of cheating of your husband. Your husband played a dirty game with
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You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)
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