Maintenance demand by wife

This query is : Resolved 
 


Querist : Anonymous (Querist)
19 April 2019

My wifes 125 crpc application asking permanent alimony got dismissed as she was working before marriage. Till then I was paying interim alimony in RCR case. She had submitted to the court via affidavit photographs of my parents house, cars etc without any covering letter as to why she was submitting them.

My advocate objected to them filing this, but still judge took it on record and marked them as exhibits.

She wants only permanent alimony even her lawyer was saying so. But judeg objected that she cannot grant permament alimony.
My advocate told that this judge favors only woman.
What effect will this have on my divorce case?

Regards,
Sabdy


Vijay Raj Mahajan (Expert)
19 April 2019

Under section 125 CrPC the wife can seek maintenance from the husband not permanent alimony. Secondly, the income, financial status of both parties are to be checked before allowing any maintenance to wife.
The wife who refuse to live with husband and maintain conjugal relationship without any valid ground will not be allowed any maintenance nor a wife living in adulterous relationship outside marriage allowed any maintenance.
Wife who is qualified and had been previously working but is for valid reason only unable to work and maintain herself maybe allowed maintenance but who has opportunity to earn livelihood but intentionally not working maybe refused maintenance.
Maintenance allowed to wife is never exhaubrant or too high but sufficient for a decent living but reasonable keeping in mind the income in hand of the husband and his own reasonable expenses.
Maintenance allowed under section 125CrPC is always open for revision with change of circumstance of both parties.

Vijay Raj Mahajan (Expert)
19 April 2019

Under section 125 CrPC the wife can seek maintenance from the husband not permanent alimony. Secondly, the income, financial status of both parties are to be checked before allowing any maintenance to wife.
The wife who refuse to live with husband and maintain conjugal relationship without any valid ground will not be allowed any maintenance nor a wife living in adulterous relationship outside marriage allowed any maintenance.
Wife who is qualified and had been previously working but is for valid reason only unable to work and maintain herself maybe allowed maintenance but who has opportunity to earn livelihood but intentionally not working maybe refused maintenance.
Maintenance allowed to wife is never exhaubrant or too high but sufficient for a decent living but reasonable keeping in mind the income in hand of the husband and his own reasonable expenses.
Maintenance allowed under section 125CrPC is always open for revision with change of circumstance of both parties.


Querist : Anonymous (Querist)
19 April 2019

But what about the photographs will me or my parents be ini touble?

Dr J C Vashista (Expert)
20 April 2019

Various questions/ issues have been involved in your query Mr./Ms. Anonymous.
As rightly observed by expert Mr. Vijay Raj Mahajan, maintenance and alimony are two different connotations and provisions which have different implications.
No alimony is granted u/s 24 of HMA.
Status of both parties is to be considered before deciding any application/petition/claim.
Consult your lawyer.



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