Crpc 125 - sufficient cause/reason
The Saint
(Querist) 24 September 2016
This query is : Resolved
in crpc 125 judgement, ld court said that "wife was in fear that her husband would take her abroad against her wishes. this certainly amounts to sufficient cause of the wife to leave her matrimonial home."
please suggest if this is a "sufficient reason" for the wife to refuse to live with her husband. what remedies available to husband?
Devajyoti Barman
(Expert) 24 September 2016
Yes, this is sufficient reason to refuse stay with husband.
You had to prove that there was no such sufficient reason.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 September 2016
Opinion of the court may have come because you are not able to legally contradict it.
Even now you can go in revision. Firstly that she did not have any passport so how he can take her abroad.
Other if you do not have passport well and good.
And you can also claim that it was wife who was putting pressure that you should find opportunities abroad looking to wealth of similar others.
Raj Kumar Makkad
(Expert) 24 September 2016
No definite opinion can be expressed without going through the entire conduct of the parties as reflected in their pleadings.
words used for a particular class of persons is regarded as highly objectionable whereas the same words are common in other set of people so the conclusion cannot be static in every circumstances.
Rajendra K Goyal
(Expert) 24 September 2016
The opinion of the court is right till it is decided otherwise by the higher court.
P. Venu
(Expert) 24 September 2016
Is it a decision or a mere opinion!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 September 2016
Mr P Venu he has raised a situation which one in million do in CRPC 125 cases and suffer and hence I responded.
I do not know whether he is advocate or concerned party but I appreciate the intelligence in raising a problem which law allows and victims can take use of for coming out maintenance CANCER.
Since he has said it is in JUDGMENT , so he can go revision first and thereafter 482 in HC and even SC.
It will be worth the efforts and expanses to avoid the life long cancer of doles and further related cases.
The Saint
(Querist) 24 September 2016
@Ld.Experts
LD court has recorded that it's clear that wife was not driven out nor was she told to leave her matrimonial home.
Wife was in fear that her husband would take her abroad against her wishes and that amounts to sufficient reason to refuse to live with husband.
Based on this single ground, maintenance is allowed.
It is an admitted position from husband that he had this opportunity to work abroad was looking to relocate with wife.
Please suggest if this is sufficient reason to refuse to live with husband under settled position of law under section 125 crpc.
vamsi
(Expert) 24 September 2016
Yes it is sufficient
Raj Kumar Makkad
(Expert) 25 September 2016
Apart from the observation of the trial magistrate qua the cause of desertion by wife on flimsy ground, a husband is liable to maintain his wife if she is unable to maintain and even no specific reasons are required while getting such right exhausted.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 September 2016
THE SAINT whether you are advocate of the party or whether it is your problem.
But even in both cases as I have suggested earlier the case is worth to be taken to higher courts. You can make an new case law which will help many others.
As the court has said the spouse was not driven out and nor told to go just on on fear she can not be granted maintenance.
And I am still of the opinion that your reasoning of the query is the true spirit of the provisions of CRPC 125,but few take the case in that direction.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 September 2016
The imp provision of the law is=
(4) No Wife shall be entitled to receive an allowance from her husband under this section ....if, without any sufficient reason, she refuses to live with her husband,
So the sufficient reason will arise when the husband actually take steps to take here abroad not before that.
Mere planning is no crime even admitted by husband that he may go abroad. He has to have a passport, should have VISA should have firm job offer and THEREAFTER passport for wife.
At this stage if wife IS not willing to GO abroad she can easily refuse to apply for passport and even IF APPLIED after passport she may not show her willingness to apply for VISA .
The matter will end here.
Rajendra K Goyal
(Expert) 25 September 2016
Agree with the suggestion from expert DEFENSE ADVOCATE.-
P. Venu
(Expert) 25 September 2016
On the face of the facts stated, the judgment is unfair; you should go appeal.
NANDKUMAR B SAWANT
(Expert) 25 September 2016
Kindly note that.1.The said judgement u/s 125 CRPC , of jmfc/ MM court can be challenged in sessions court with interim prayers for stay of same.
Rajendra K Goyal
(Expert) 26 September 2016
Agree, decision of lower court can be challenged.
