Maintenence allowence u/s 125crpc
jagjit singh
(Querist) 04 November 2013
This query is : Resolved
SIR,
MY WIFE HAS FILED 125 CRPC CASE AGAINST ME. I HAVE TO SUBMIT THE REPLY ON NEXT DATE. IT IS MENDETRY TO GIVE HER MAINTENANCE ALLOWANCE TO HER OR IF I PROVE THAT WHAT EVER THE REASON SHE IS TELLING IN COURT ARE FALSE , THEN SHE IS NOT ENTITLED TO GET THE MAINTENANCE. OF WHAT I HAVE TO PROVE , FOR NOT GIVING HER MAINTENANCE. I WANT SHE SHOULD COME BACK AND STAY WITH ME.my wifes qualification is, she ia double MA, B;ED, PGDCA DIPLOMA IN NTT AND WAS SERVING IN PRIVATE SCHOOL.
Advocate M.Bhadra
(Expert) 04 November 2013
If the marriage is admitted then CRPC 125 may be allowed on two basic grounds :
1. She is unable to maintain herself the same life style of husband.
2. She had justified reason to stay separate or Husband neglects..
125. Order for maintenance of wives, children and parents.
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not,
unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who
has attained majority, where such child is, by reason of any physical or
mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself.
THESE ARE A LIST OF JUDGMENTS THAT HOLD A WIFE WHO WILFULLY DESERTS HER HUSBAND IS NOT ENTITLED TO MAINTENANCE.
1.Harjeet Kaur vs Bhupinder Singh on 30/4/2007
Himachal Pradesh High Court
2.Uttaranchal High Court
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 201 Of 2006
Smt. Archana Gupta & Another .. Revisionists.
Versus
Sri Rajeev Gupta & Another .Respondents
Mr. M.K. Goyal, learned counsel for the revisionists. Mr. Rakesh Thapliyal, learned counsel for respondent no. 1. Mr. S.S. Adhikari, learned A.G.A. for respondent no. 2.
Dated: November 18, 2009
Dr J C Vashista
(Expert) 05 November 2013
I agree to the advice of Mr. M. Bhadra, Advocate.
ajay sethi
(Expert) 05 November 2013
you have not mentioned your wife qualifications . whether she is working or not . without knowing complete facts how do you expect experts to advise