avinash jos (director) 27 August 2013

Wife changing stance of family court in civil court

Marriage happened in 1999 wife stayed with husband for 8 months till 2000 and then initiated a case against husband in 2007 u/s 125 CrPC claiming maintenance family court orders maintenance in 2010. Appeal pending in high court, now wife wants to become next friend of husband in a civil suit claiming husband mentally handicapped

Question of fact: wether wife can change stance in civil court from the stand she took against the husband what should be done to prevent abuse of process of law by wife in her convenience.

SC citations would be a boon in this case.

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2 Replies

Tajobsindia (Senior Partner ) 27 August 2013

1. What is that Civil suit? Section / Act / Code ?

2. Plain reading your brief; in a ‘subsisting’ marriage of parties if one spouse is alleged to be mentally incapable / challenged the other spouse can represent / become guardian to defend ‘best interest’ of that mentally incapable / challenged estate (income). Even in such case parents / neighbour / best friend can also become necessary party. All these are settled Law.

3. If husband is alleged to be mentally incapable / challenged yet has some estate (income) then S. 125 CrPC claims can be made by his spouse.