Crpc 125
at your mercy
(Querist) 08 February 2013
This query is : Resolved
in case maintenance granted under crpc 125 to wife, can ask her to vacate the respondent house as he wants to live in ?.. the respondent is ready to pay rent in lieu of house if mc granted. how to communicate to court before verdict given?
prabhakar singh
(Expert) 08 February 2013
Dear Open help seeker!
Unfortunately the facts of your query are still veiled hence your query remains open despite my visit.
R.K Nanda
(Expert) 08 February 2013
state facts clearly.
at your mercy
(Querist) 09 February 2013
wife has filed false crpc125 for maint for her and 2 children . she forced the respondent out from the respondent house and now asking for 10 k each as maint. the case is being contested and now at trial stage.
I have mentioned my income as 15k per month.now the children have become major.
if maint granted to her, would it be for her claim only?
And as I want to stay in the house, I can ask her vacate indicating ready to pay rent component also in the naint?
V R SHROFF
(Expert) 09 February 2013
Order will be from date of Application, So at that stage, cause of action is minor children and for herself. So children are entitled to mtn till their Majority+ Wife for herself claim mtn for her life time or till she remarry, and remarriage is rare chance.
125 cr p c have no jurisdiction to vacate her house.
At the most it will decrease Mtn Amount.
U hv to Argue out with relevant Doc to communicate to court as u desire.
Raj Kumar Makkad
(Expert) 10 February 2013
It is surprising that you have left your house under the force of your wife. whether this house is rented or your own, has not been made clear by now.
Anyway, you can bring the age of your both children in your written statement and the fact that your wife is ocupying the entire house and thus you have been forced to eside in a rented house. This shall definitely be taken into consideration if you bring documentary evidence thereto but if your children are still students then you shall to bear their maintenance also despite of their attaining majority.
ajay sethi
(Expert) 10 February 2013
agree with experts
