125 crpc
Querist :
Anonymous
(Querist) 23 June 2011
This query is : Resolved
hi, i am a married women for last 11 years .i hav two children. my husband is in merchant navy,drawing salary close to 3 lakh 40 thousand per month.he has deserted me for last 10 months .i hav filed a case of 125 crpc.he is showing that he has not gone on job for last 1 and a half year,and i own a lot of property.
he is trying to prove that i was not a worthy wife.what i want to ask that by showing himself unemployed ,will i b deprived of the maintainance?in his earlier profession he was never jobless .but now he is not going on ship just to prove that he has got no income.please advise
Jitendar Kumar gupta
(Expert) 23 June 2011
yes you have the right to get maintenance from your husband. for the salary you have to summon the salary profile of your husband.
Guest
(Expert) 23 June 2011
Yes, for getting enough maintenance ,all you have to prove his income.
For that you can make a summons(at that time of your evidence stage) to their head department/officer who can come in court and give statement on oath.
Hire a good lawyer who having expertise in family cases.
My best wishes is to you.Also try to settle the matter if possible amicably.But if he is not ready to take with you as in a matrimonial life then stick to your 125 case.
Kirti Kar Tripathi
(Expert) 23 June 2011
to maintain wife and children is the liability of a husband/father. Merely alleging that" he has not gone on job for last 1 and a half year,and i own a lot of property" is not sufficient for him to deny. In case, he is capable to earn, he is liable for maintaining his dependent
Devajyoti Barman
(Expert) 23 June 2011
The allegation of unemployment is no ground for avoidance of maintenance.
Though for getting goof relief showing proof of income of the husband does help but if you fail to show that it will not harm your case.
The fact of employment of your husband in merchant ship would be a great factor to determine the quantum of maintenance even if he alleges unemployment.
So do not worry, you should get a great amount of maintenance.
