Maintinance under CRPC 125 .
brijesh sharma
(Querist) 06 January 2011
This query is : Resolved
My wife with my 2 son (17Y and 12 Y) is living with her parents without any sepratation, I want that they should live with me . In case she did not agree to live with me, how much amount she can cliam for maintinance and up to when( age of son) under CRPC 125 . I m drawing basic pay Rs.18650 and gross salary Rs.31450. I am and my wife are living in Meerut (U.P.)
Amit Minocha
(Expert) 06 January 2011
she can claim any sum from your salary , however Court would adjudicate as to the correctness of the claim. If she is earning she is not entitled for any maintenance for herself from you. Court would consider your earnings as well as status of parties and dependant(s). Children are entitled till they attain the age of majority.
Swathi S Bhat
(Expert) 06 January 2011
Sir,
If you want the company of your wife and children, then you can file a petition under section 9 for restitution of conjugal rights in Meerut Family Court. This petition is nothing but you are calling your wife through the Court to join with you along with the children. Then the court will issue notice to your wife and she will get a chance to express her opinion. Most of our Indian Courts are interested in allowing this petition. The main intention of the Family Court is to unit the husband and wife and save the Family.
Sachin Bhatia
(Expert) 13 May 2011
File a petition under section 9 for restitution of conjugal rights.
