Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul   12 March 2018

Crpc 125 rs 30000 interim maintance

My Crpc 125 case going on in Chd court, Judge give intreim maintance to wife Rs 20000/ + Rs 10000/- to daughter. She is PG & done job but she state that she just leave the job to take care of 5 year daughter, I am confused how can they pass such judgment without any proof of cruelty.



Learning

 10 Replies

Vijyant Nigam (09807349001) (Advocate)     13 March 2018

for granting maintenance only this much is to be proved that you are not maintaining your family. cruelty has no concern for granting maintenance

sandeep tripathi (student)     13 March 2018

section 125 crpc is not for cruelty...
it is only for maintenance...
it say that if a wife is unable to maintain herself...
if you proov that she is able to maintain herself then you'll definitely get relief...
1 Like

anubhav Bhatt   13 March 2018

In which state you belongs?

Adv Radhika Mehta (Advocate)     13 March 2018

The question of cruelty does not come under Sec 125, CrPC. Its simpliciter about being in a position to maintain yourself. The fact that she is PG and has done job previously should have been highlighted by you. 

Adv Deepak Joshi +917017821512 (Advocate)     13 March 2018

 

Section 125 of CrPC has nothing to do with cruelty. Your wife can claim maintenance from you in case she is not working. You may appeal to the High Court with all the facts in hand against, the present maintenance order about her education and professional carriers. If satisfied then High court will reduce maintenance amount.

Rahul   13 March 2018

She is doing job earliear & more educated than me with gold medal just 10 days back before she either left job or just telling in court that she left the job, how a well educated lady have 10-12 years of experience in job suddenly left job, she even not left job when daughter is just 3-4 month old & now saying in court that she left job for taking care of 5 year old daughter

sandeep tripathi (student)     14 March 2018

Mr. Anubhav bhatt, i belong to uttar pradesh...

sandeep tripathi (student)     14 March 2018

Mr. Anubhav bhatt, i belong to uttar pradesh...

KISHAN DUTT KALASKAR (Advocate)     15 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

sai narayana   20 March 2018

The cruelty or any type of allegations will be looked into at the time of deciding final maintenance i.e. after the trial but till such time interim maintenance you have to pay or test your luck by filing revision in appeallate court

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register