Maintenance u/s 125 crpc
Mentally Depressed
(Querist) 26 December 2012
This query is : Resolved
My brother is class I officer IN Central Govt
My sister in law has deserted my brother and slapped cases against 498-A/406 cases against him and my family and we get the AB and then regulsr bail from the court and proceedinsg are also been stayed by High Court. The sister inlaw has filed case u/s 125 crpc against my brother
She has 2 children and falsely stated on affidavit that my brother has more than 1 lakh of Income ( In reality he is earning les than that 70000)and demanding 80000 p.m maintenance
Apart from thsi she is too Post garduate holding MD degree in clinical speacilaity and is attached to one of Pvt hospital but has not disclosed the nature of job in order to cough money from brother
My brother doesnot want to pay naything as all her earnings are retained by father and fear that she will transfer all the assets to her father who is greedy perosn
Apart from thsi 125 is not mena for enrichment at expense of spouse..Then what will be the remedy??
ajay sethi
(Expert) 26 December 2012
your brother has to take the plea that his wife is highly qualified MD in clinical specilaity . in addition she is working in pvt hospital . that in her application for maintenance she has surpressed these facts . a working wife is not entitled to maintenance .
Devajyoti Barman
(Expert) 27 December 2012
You brother will have to highlight her qualification and employment. If there is great disparity between their income then your brother will have to provide maintenance both for his wife and the children bit certainly the amount would not be that which is asked for in the petition.
