ipc 125 maintenance

This query is : Resolved 

Querist : Anonymous (Querist)
01 March 2010

i want to know
(1) how court decides maintenance under ipc 125 ?
(2) once fianlized, the maintenance value may change time to time, if yes, who can change ?
(3) for howmuch time i would to pay mainteancne as i am ready to bring my wife back and she neighter wants to come back nor wants to give divorce ? what to do in such circumtances ?

Parveen Kr. Aggarwal (Expert)
01 March 2010

1. It is not IPC but section 125 of the Cr. P. C. (Code of Criminal Procedure, 1973) whereunder maintenance is decided. The considerations for the court while deciding such application are the relationship of the parties, the justification of grant of maintenance and the income of the respondent.

2. Yes. Maintenance amount may be varied on change of circumstances.

3. There is no time limit fixed. You have the option either to settle the disputes by making lump sum payment in lieu of maintenance or to continue paying maintenance every month.

Guest (Expert)
02 March 2010

i am of similar opinion as Mr Parven. I do agree with him.

raj kumar makkad (Expert)
02 March 2010

Nothing is required to be added anything in the opinion of parveen.

Shraddha Dalvi (Expert)
02 March 2010

Under CrPC 125

1)Court will first see the income and the expenditure of the Respondent and accordingly will pass the order.

2) Yes amount can vary.If you are unable to pay maintenance after sum time u can put Misc.Appln for reduction of the maintenance then Court will decide

3)You have to pay either lumpsum to settle the matter or have to pay on monthly basis.If your wife is working and capable of maintaining herself the u need to prove that in court by getting her salary slip, appointment letter etc.

Sarvesh Kumar Sharma Advocate (Expert)
02 March 2010

expert praveen & shraddha have clearfy it very well.

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