Legal Question in Family Law in India

Hello,
I have a question about Maintenance under section 24 & 25.
I got married six months ago and wife has filled a divorce case against me outside of court in our samaj court. I am out of country now. I am not at fault and in fact my parents and I would still want to have her staying with us and I can make arrangement to come her in this country but her parents and she wants divorce and she has claimed it against all fraud statement about me and my parents. Her parents are also asking for maintenance. But Shall we pay this maintenace to her even I am not at fault and I still want here to stay with me? Is she eligible under this circumstances for it? How much should I pay if she claims it?
Please advice me. Thank you for your help

Asked on 1/27/11, 11:23 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

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if marriage was under Hindu customs, there is no way she can file divorce proceedings in any community court or samaj court. it has to be before the court of district judge under Hindu Marriage Act and under the grounds covered under that act. maintainance accordingly will only be under HMA. she is entitled to maintainance under 125 crpc but that also if filed before the court of law and not in samaj court.

Answered on 1/27/11, 11:44 am

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