125 crpc against unemployed Person
Rajkumar
(Querist) 01 May 2011
This query is : Resolved
Dear seniors ,
Iam appearing for an the respondent husband for 125 crpc filed by his wife as first petitioner and his daughter aged 1.5 years as second petitioner.
Facts :
The respondent is an regular college MBA student and at the time of marriage he was preparing for the entrance examinations for the MBA and some GRE examinations .His marriage was solemnised in the year of 2008.At the time of marriage his wife parents knows that he was studying and he was not earning ,looking the family background of the respondents family they gave there daughter to him for marriage .His wife was employed at that time of marriage and she was earning around Rs 15000 pm and she is also an Mcom PG. They were living seperatly for around 2 years ,because his wife had deserted him when she was in the third month of her pregnancy .A lot of talkings and compromises were held by the respondents family ,but all are failed and his wife refuses to come to the matrimonal home after the childs birth .Finally on sep 2010 his wife filled the maintainace petition of 125 crpc and claming rs 20000 for both the petitioners .
Questions :
1.) At present the respondent is studying final year MBA in a regular college . Can i submit the Id card and the exam hall ticket, Fees paid receipt of the college to the court .
2.)Can i get some good citations for this case which is accepted by the courts .In this website i have found so many citations of different courts favouring 125 crpc against the men .But it have all mentioned the CC amd MC no .Can i give these citations to the court ,will it be acceptable by these courts or they require AIR case no ,because this case is going on the Family court of Chennai.
reagrds
rajesh
Amit Minocha
(Expert) 01 May 2011
first please change your language from "they gave there daughter to him for marriage",
you are speaking as if you are talking of a commodity and not your spouse. Please repost after using refine language for your better half.
Devajyoti Barman
(Expert) 01 May 2011
Yes Mr Minocha.
Her education of MBA would be of no help unless you could see that she is gainfully employed somewhere and her earning is sufficient to match your status.
The information you have supplied does not appear to help you anyway to avoid maintenance.
Guest
(Expert) 01 May 2011
you can submit the salary slip of the wife what she is earning and what she was earning at the time of the marriage and if the respondent is having a sound financial status than it does not matter he is studying or earning
Advocate. Arunagiri
(Expert) 01 May 2011
You have mentioned that he is having a good family background. So, there will be a source of income for him other than the salary. So, the wife can claim that.
If she claims that her salary is not sufficient to protect her and the child, the husband had to provide the maintenance.
Even if the wife is earning to meet her needs, the husband has to give maintenance to the child.
Rajkumar
(Querist) 02 May 2011
Dear experts ,
125. Order for maintenance of wives, children and parents,
(1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority,
where such child is, by reason of any physical or mental abnormality or injury unable to maintain
itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may,
upon proof of such neglect or refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five
hundred rupees in the whole, as such magistrate thinks fit, and to pay the same to such person as
the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in
clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied
that the husband of such minor female child, if married, is not possessed of sufficient means
Explanation—For the purposes of this Chapter—
(a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority;
(b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any port of each month's allowance remaining unpaid after the execution of the warrant, to imprisonment for
a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living
with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal
stated by her, and may make an order under this section notwithstanding such offer, if he is
satisfied that there is just ground for so doing
Explanation—If a husband has contracted marriage with another woman or keeps a mistress, it
shall be considered to be just ground for his wife's refusal to live with him
(4) No wife shall be entitled to receive an allowance from her husband under this section if she is
living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if
they are living separately by mutual consent
(5) On proof that any wife in whose favour an order has been made under this section is living in
adultery, or that without sufficient reason she refuses to live with her husband, or that they are
living separately by mutual consent, the Magistrate shall cancel the order
No court can attach the property of the parents as they all are self earned .In the 125crpc itself cleary mentioned that if wife cannot maintain herself she is eligible for maintaince from her husband .
If he husband has sufficient means if he neglets or refuses to maintain his dependent wife .Here the condition is the husband itself is not having any income . In a recent judgment of Justice Dhinga ,he mentioned in the judgement that court cannot force a person to beg or steal in order to give maintaince .I just asked only i can keep the judgment copies of the citations mentioned in this website .For that i din't get the answer .Any way thankyou for ur advice .
