Crpc 125
Amit
(Querist) 12 July 2012
This query is : Resolved
Hi,
My wife filed maintenance u/s 125 CrPC.
Here are the details:
(1) She claimed 80K p.m.
(2) My salary is 1.2L p.m.
(3) She earned ~15K p.m. on record + she has other professional income whose details are not on record.
(4) She has properties worth 15L. Income from this is unknown but a simple FD with that amount of 15L would easily fetch 8-10K p.m.
(5) We have no kids.
(6) We lived together for 6months only. Maintenance filed after 1.5yrs of separation and after 1yr of me filing the divorce petition.
(7) My father gets pension of 20K p.m. My parents have significant medical expenses. They have their own house and no other income.
Now my questions are
(1) How much maintenance is she entitled to?
(2) Can my father also file 125 CrPC on me?
(3) If both the above petitions are running, how will court decide maintenance in each case? I am asking this since suppose the court does not grant my parents any maintenance then they are essentially saying that 20K is sufficient for an old ailing couple then by the same logic 20K should be more than sufficient for a young healthy profession woman. Will this help?
Any other pointers would be appreciated.
Thanks
V R SHROFF
(Expert) 12 July 2012
(1) How much maintenance is she entitled to?
Ans : NIL . SHE CANNOT GET
(2) Can my father also file 125 CrPC on me?
Ans : YES .
(3) If both the above petitions are running, how will court decide maintenance in each case? I am asking this since suppose the court does not grant my parents any maintenance then they are essentially saying that 20K is sufficient for an old ailing couple then by the same logic 20K should be more than sufficient for a young healthy profession woman. Will this help?
Ans : NO. It will not help. but u don't need all these drama.
125 is appeal-able. ur adv can prolong it to years
.As she is earning, cannot get u/s 125.
Avoidance of starvation criminal p c 125, is not CIVIL SUIT, had it been interim app pending litigation u/s 24 HMA, she was eligible to claim 80k , not here in criminal pc
FIGHT .
Guest
(Expert) 13 July 2012
Nothing more to add to the opinion of Mr.Shroff.
Amit
(Querist) 13 July 2012
Thanks Shroff and others.
So I will present the court with her 15K income details and property details. I have no proof for her other income.
I will also not with the father's maintenance approach.
I am not sure if she's earning presently. She might have stopped working (since the last financial year) just to get more maintenance. But I have proof of her earnings in the past three financial years (before filing of divorce). I guess this is sufficient to prove that she is able to maintain herself.
