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suffering (jj)     04 May 2016

125 crpc maintenance

Hi,

 I have been laid off and losing job due to closure of my group in my company. I have been fighting 125 CRPC since last 7 years and have been paying interim maintenance of 10000 Rs for my wife and 2000Rs for my son. additionally  I have also been paying all school fees, stationary and other expenses for my son. Since I am losing job,

1.Is it possible to stop the maintenace to her, as I am not going to have any income atleast for a year? 

2. Is it possible to get maintetance from my wife as she is earning around 35000 Rs per month?

I am over qualified for getting job as after 17 years of service I am being laid off.So, I fear I may not even be able to get job soon or even ever as nobody takes lot of experience people easily and there are very few jobs which I will be able to do.

Regards

Mani



Learning

 12 Replies

JustAdvisor (IT)     04 May 2016

if you don't have any liquid assets from which you may be able to maintain your wife, number 1 may be possible - depends upon magistrate.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     04 May 2016

you may file petition under section 127 crpc for alteration of order .

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     04 May 2016

you may file petition under section 127 crpc for alteration of order .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 May 2016

Dear Querist

Immideatly file an application/petition under section 127 of Cr.P.C. for alteration of maintenance order due to changing the circumstances.

 

Feel free to call

dr g balakrishnan (advocate/counsel supreme court)     05 May 2016

court cannot always  be a better arbiter, as so many statutes are unbaked ideas in the statutes; besides here you might have to work on robust common sense; sec 125 cases are never fast handled by courts due  high back log of cases; so think well yourself sir is my sincere advice, as court matters do cost pretty much;

Donal trump if he becomes president of America he would settle scores with New york times in NYT v sullivan that way your law makers in india already; so i do not find any meaningful ststutes are there; all statutes are under fits and starts type perceptions; courts too tske too much time as they suffer from 'judicial restraint' perceptions more so in india than in the USA 

Pawan S (Advocate)     07 May 2016

Under Hindu or Special Marriage Act the husband can claim maintenance only if he is unemployed. But you have to show proper convincing reason to receive unemployment.

Apart from that, as suggested by experts, file petition u/s 127 CRPC, for alteration in allowance.

Regards,

Ekta

suffering (jj)     09 May 2016

Thanks everbody for advise.  My company is going to thrwo me off from their office and I will be jobless, so how will I be able to give maintenance to a working lady? She is working and recently changed a job for better salary, so if I am jobless I must be able to get some maintetance from her. 

  In worst case if courts are too much biased toward females as everybody tells, I may have to go to jail as I do not have any means to pay the maintenance money.

Kindly advise me, how do they put in jail? Who will be paying for my food? I am innocent and trapped in the biased laws. If I am jobless how can I pay maintetance that also to a working lady?

 

suffering (jj)     09 May 2016

For Valid reason, I will have a letter from the company telling that they have closed India group and so they are laying me off.

dr g balakrishnan (advocate/counsel supreme court)     09 May 2016

better reconcile with the wife she is the real near and dear friend

suffering (jj)     09 May 2016

Hi Balakrishnan Sir,

  She will kill me by filing another 498a, Domestic Violance and other cases against me. After 4.5 years of legal battle where she and her monther gave totally false statements in trial court, I got aquitted from the 498a. So I can not afford to be in mercy of her, and she is not near and dear friend, as she is interested in extracting huge amount of money from me.

Regards

Mani

 

dr g balakrishnan (advocate/counsel supreme court)     09 May 2016

there is a tamil saying 'satcikaran kalil vizhuvadai vida sandai karan kalil vizhuvadi mel' means no point prostrating before witnesses better fall at the feet of obe you are litigation' is a great thought of yore.

see constitution 82nd amendment on art 335 is a fit one to be declared null and void as it amended the coomsnd article, how the executive and law makers can question the command article the court could question and declare null and void, under ultra vires principle for sc/st reservationists got promotion by making reservation even in promotions, when the command constitution is mangled means. the constitutional guarantees are taken for a toss ; that was  not the intention founding fathers of the constitution; besides but for the constitution really was supervised by great very Dr BR Ambedkar himself how vasundra rake scindia is any way superior that man,

 

fact is law makers spoiled the laws by making so many amendments; what is the guarantee the  court would surely give relief to you,

 

so only i said reconcile with your own wife she would be really considerate than the very law makers or the court. that is all friend.

Siddharth Dev (Advocate)     12 May 2016

the purpose of maintainance is only to maintain those parents, children, and spouse who can not maintain them self so if you can prove that your spouse is earning than maintainance will be terminated by court


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