A Debatable Question about 125 CrPC?
Querist :
Anonymous
(Querist) 01 May 2010
This query is : Resolved
Dear Experts, Section 125 Cr.P.C has clearly stated the following:
"(4) No wife shall be entitled to receive an allowance from her husband under this section 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."
Now my question is the above sections just described about wife stand on maintenance claim , but what about minor children where their Father is ready to take them but wife refuses their custody to Father in such a scenario why Law is not clear that since Father is ready for their welfare why should wife take a share of Children's money and fulfill her own desires, no accountability of amount given as children share. what is the Experts comment on this critical yet debatable issue?
Raj Kumar Makkad
(Expert) 19 January 2012
Hindu wards and guardianship Act section 8 is meant for this purpose.
V R SHROFF
(Expert) 19 January 2012
hama sec 18 act
cow id mine, X took away forcibly, feed grass, milk it & use it , and I have to pay for the Grass!!
that is children' mtn.
They say it is ur children only , will help you in old age, but those children never come to papa
