Claim of maintainence under 125 crpc
Ajoy kumar
(Querist) 02 October 2016
This query is : Resolved
For claiming maintenance for wife and two children aged 6 years and 3 years under 125 CrPC, is it not necessary to make the children as party in addition to wife? Or Simply wife can claim maintenance for her children from husband without making the children as petitioner. Brief fact of the case: "Husband filed a divorce suit on grounds of cruelty and adultery. Maintenance granted under HM24 for wife and two minors. On attaining the age of schooling of child husband demanded custody under provisions of GWA and HM26. Wife adopted delaying tactics to prevent decision of these applications. Wife filed petition for maintenance u /s 125 CrPC for herself and minors without declaring minors as petitioner. Is it as per law? " Can husband object the grant of maintenance for children to the wife raising this point?
Devajyoti Barman
(Expert) 02 October 2016
In 125 case to claim maintenance of th children the children there is no requirement to make them party to the case.
The other can very well claim maintenance for herself and the children even without making them a party.
You are wasting time on non issue.
Rajendra K Goyal
(Expert) 02 October 2016
Wife can claim maintenance for herself and children.
Children need not be be made party.
Raj Kumar Makkad
(Expert) 02 October 2016
This is not mandatory requirement, though, this is directory to make the children as co-petitioners for claiming maintenance under section 125 Criminal Procedure Code.
Ajoy kumar
(Querist) 02 October 2016
Thanks for your suggestions Sir,
But as per my personal opinions maintenance under 125 Crpc can be claimed by prooving 3 contents :
1) respondent must have sufficient means
2) neglect and refusal to maintain the petitioner may be wife, minor children, parents
3)petitioner should be unable to maintain themselves.
Now in a situation where respondent agreed to maintain his children but disagree to keep his wife with him, providing maintenance regularly as decided by hm24 court for both wife and children, then should not it be an issue to be decided? Wife just approached the ACJM court for maintenance of children n her but avoiding to file even WO in custody case.
Guest
(Expert) 02 October 2016
Mr. Ajoy Kumar,
First of all, it is your academic query, as you have neither mentioned that the case relates to you in person or anyone else. Mis-classification of your query also reveals the academic nature of the query. By the way, on what ground you have treated the claim of maintenance as a criminal offence?
Secondly, if it is your personal case, you have not discussed, what is the opinion of your lawyer?
Thirdly, you have not discussed the background and the present status of the case, if it is a real problem.
Thirdly, your original query is more or less a vague query in the absence of the facts, more particularly about your statement, "On attaining the age of schooling of child husband demanded custody under provisions of GWA and HM26." For your information demanding custody and getting custody are two entirely different things. Unless you legally get custody of children, your question would remain to be a vague one.
So, there is no use of putting any supplementary question without discussing the real problem, its background, present status of the court case and your own concern with the problem.
Raj Kumar Makkad
(Expert) 02 October 2016
Mere desire to keep the children with him on the part of respondent is not sufficient. whether he filed any petition seeking valid custody of his children and what is the judgment of that court, are the relevant factors to be reckoned with in the subsequently given facts.
Rajendra K Goyal
(Expert) 03 October 2016
Wife has first right of custody of children.
Court decides on facts and law and not on litigant understanding.
Many aspects are considered by the court while deciding maintenance.
Payment of maintenance is apart from other case running or proceedings.
have faith in your lawyer.
