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Trinadha Rao (NA)     01 May 2010

"A Debatable Question about 125 CrPC?"

Dear Experts, Section 125 Cr.P.C has clearly stated the following:

"(4) No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to, live with her, husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order."

Now my question is the above sections just described about wife stand on maintenance claim , but what about minor children where their Father is ready to take them but wife refuses their custody to Father in such a scenario "why Law is not clear that since Father is ready for their welfare why should wife take a share of Children's money and fulfill her own desires, no accountability of amount given as children share. what is the Experts comment on this critical yet debatable issue"?

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