Maintenance
Ch. Sujatha
(Querist) 30 November 2008
This query is : Resolved
Resected Seniors,
Mr. 'A' married Ms. 'B', 3 years back and at present they are living separately since they are having some disputes from two years.
In the above case wife is having job and sufficient means to maintain herself. But the husband is no job and no means to maintain himself.
In the above circumstances Mr. 'A' husband, can claim maintaenance from Ms.'B' wife under section 125 of Cr.P.C.
If it is possible please send some citations infavour of Mr. 'A' husbabd.
Srinivas.B.S.S.T
(Expert) 01 December 2008
Sir, Husband cannot claim maintenance under Section 125 Cr.P.C. But if he can prove that the wife is having sufficient means of income and he is not in a position to maintain himself he can claim maintenance pendente lite and legal expenses under Section 24 of HMA
Suresh Kr. Mitruka
(Expert) 01 December 2008
The husband should file a petition for restitution of his conjugal rights u/s. 9 of Hindu Marriage Act, in case he is Hindu and should also file a petition for grant of interim alimony u/s.24 of HM Act,1955. the petition as filed u/s.125 Cr. P. C is required to be withdrawn.
Suresh Kr. Mitruka
(Expert) 01 December 2008
The husband should file a petition for restitution of his conjugal rights u/s. 9 of Hindu Marriage Act, in case he is Hindu and should also file a petition for grant of interim alimony u/s.24 of HM Act,1955. the petition as filed u/s.125
Suresh Kr. Mitruka
(Expert) 01 December 2008
The husband should file a petition for restitution of his conjugal rights u/s. 9 of Hindu Marriage Act, in case he is Hindu and should also file a petition for grant of interim alimony u/s.24 of HM Act,1955. the petition as filed u/s.125 Cr.P.C
Suresh Kr. Mitruka
(Expert) 01 December 2008
The husband should file a petition for restitution of his conjugal rights u/s. 9 of Hindu Marriage Act, in case he is Hindu and should also file a petition for grant of interim alimony u/s.24 of HM Act,1955. the petition as filed u/s.125 Cr.P.C will
A. A. JOSE
(Expert) 01 December 2008
Husband can claim maintenance from the wife, but after following procedures as already stated herein above please.
Tribhuwan Pandey
(Expert) 01 December 2008
Language of Section 125 Cr.P.C. is:
"order for maintenance of wives, children and parents"
hence there is no scope for husband to claim maintenance from his wife.
Rest remedy is under family law but it is not clear under which family law they are governed.
G. ARAVINTHAN
(Expert) 01 December 2008
Husband can claim maintenance from his well being wife.
But legally, it is done only in a interlocutory petition filed by him in a proceedings for restitution of conjugal rights
