125 crmnl.cs

Querist : Anonymous (Querist) 25 January 2011 This query is : Resolved
My wife filed a case against me under cr.cs 125. I am ready to called her at my home for that also I have filed a case under sct. 9. Tow childern under age 12 are with her. Rightdays I am jobless and dont have suficient bank balance property. Only I have a home along with me and my mother name on which she is claiming for alimony. So my question is that can court will give me order to sale that home and give her the money ? What could be possibility in case decesion ?

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Arvind Singh Chauhan (Expert) 25 January 2011
Maintenance can not be recovered from the property of mother. If In RCR case courts finds that wife is unreasonably left your home and passed the decree in your favour, and despite the decree wife is not redy to live with you. You can file the copy of judgment in case of 125, it will favour you. Because there are so many judgment that, finding of civil courts is binding on the criminal court

Devajyoti Barman (Expert) 26 January 2011
If you default in making payment of maintenance as passed by the court u/s 125crpc , the court may issue warrant of arrest against you but your property would not be attached. Unfortunately thr decree in RCR would not be of any help to you for avoiding maintenace u/s 125crpc as decree passed in RCR is does not entitle you to avoid maintenace.

Querist : Anonymous (Querist) 26 January 2011
Dear sirs, Thanks for your reply.

manoj joshi (Expert) 27 January 2011
u/s 126 cr.p.c u can alter d maintenance amount by saying that u dont ve any job and u dont ve any house to live .......it can work.....