Regarding CRPC 125

mehul (Querist) 06 December 2008 This query is : Resolved
my wife put crpc125 agaist me on 27-12-06.
she does notwant to come home.she also doing job but i have no proof. they wants money ,which is so much that i could not afford to give! what to do? Is their any lays or judgement which help me? If any clue which help me. she stay 3 months only.After that she go to her maika & put 498c on me,my parents & my younger sister.
At that time she having two n half months of pregnancy which aborted.so please help me..............

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kumar sachin (Expert) 06 December 2008
u will have to prove tht ur wife is in job. if she refuses to come with u at the time of reconceliation before the court then it can also help u but only to some extent but if u successfully proves tht she is in job then u r free from maintaining her.

kavita jain (Expert) 07 December 2008

Is there any ruling wherein a husband who is unable to maintain himself, is held entitled to claim maintenance u/s 125 Cr. P.C. from his wife who is working?

G. ARAVINTHAN (Expert) 07 December 2008
Sir you have the burden of proof to prove that your wife has got sufficient means to maintain herself out of her income.

A. A. JOSE (Expert) 07 December 2008
Yes there are judgements which obliges the working wife to give maintenance to the non-earning husband. Rest , I agree with above opinion.

PALNITKAR V.V. (Expert) 07 December 2008
A working wife is not obliged to pay maintenance to husband u/s 125 of Cr. P.C. The obligation is under personal Hindu law. I disagree with Mr. A. A. Jose as he is not clear on this point. If the wife has justification in refusing to stay with the husband, then that will not help the husband to escape from liability of maintenance. The only way out is to prove that the wife is earning sufficiently.

Adv.Shine Thomas (Expert) 08 December 2008
There is Delhi HC decision in 2008 that no maintenance for wives with sufficient income to maintain herself.

kavita jain (Expert) 08 December 2008
I am aware about the obligation of the wife to maintain husband under the personal law. My specific query is relating to S. 125 as the section itself does not say that a husband is entitled to claim maintenance from his wife even if he is unable to maintain himself and the wife is earning. So far as proving the income of the wife is concerned, it is necessary to defeat the claim of the wife u/s 125. I am asking this specific query as I have come across many posts on this site as well as on other sites wheerein it was stated that even the husband is entitled to claim maintenanceu/s 125 . But so far I have never come across any ruling on this issue. Anyone, who is aware plz help.

Srinivas.B.S.S.T (Expert) 09 December 2008
Husband is not entitled for maintenance under Section 125 Cr.P.C. The section it self is very clear as it clearly reads as ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS, as such the question of claiming maintenance by a husband under section 125 does not arise. However in section 24 of Hindu Marriage Act it is clearly mentioned that either the wife or husband can file a petition for maintenance pendente lite and also for expenses of the proceedings. Regards Srinivas BSST