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sunil Rathore   23 June 2018

125 crpc

wife file 125 crpc second time
is she entitle to get maintenance...?


Learning

 4 Replies

Kumar Doab (FIN)     23 June 2018

The query does not provide full details ……

 

Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/civil  matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and that is well aware of the details of  case related facts etc etc could have advised you the best..

Kumar Doab (FIN)     23 June 2018

 

Still; The contention of spouse that approached court again is usually under the changed circumstances……… right to maintenance is a continuing right.

 

GO thru;

 

Supreme Court of India

Mahua Biswas (Smt) vs Swagata Biswas And Anr. on 17 November, 1997

Equivalent citations: JT 1998 (4) SC 252, (1998) 2 SCC 359

Bench: M Punchhi, M Srinivasan

2. The appellant-wife petitioned against the respondent-husband in the Court of the C.J.M., Howrah, under Section 125 of the CrPC (CrPC), claiming maintenance for herself ….

3. The matter can be viewed from either angle. It can be viewed that there was a genuine effort by the wife to rehabilitate herself in her matrimonial home but in vain. The previous orders of maintenance in a manner of speaking could at best be taken to have been suspended but not wiped out altogether. The other view can be that the maintenance order stood exhausted and thus she be left to fight a new litigation on a fresh cause of action. Out of the two courses, we would prefer to adopt the first one, for if we were to resort to the second option, it would lead to injustice. ………………. Thus, in order to do complete justice between the parties, we would in the facts and circumstances activate the wife's claim to maintenance and put her in the same position as before. …

 

https://indiankanoon.org/doc/549077/

 

Kumar Doab (FIN)     23 June 2018

Also;

 

Calcutta High Court

Smt. Manoka Chatterjee vs Sri Swapan Chatterjee And Anr. on 13 December, 2001

Equivalent citations: (2002) 2 CALLT 336 HC

Author: A Barua

Bench: A Barua

JUDGMENT A. Barua, J.

 

2.. The petitioner had no means to maintain herself and had, therefore, brought the case for maintenance under Section 125 Cr.PC against the husband………………………. On the grounds that the petitioner-wife had already filed a compromise petition with her husband before the Civil Court in connection with a Mat. Suit under Section 13 of the Hindu Marriage Act and that since the said compromise petition was allowed on payment of Rs. 62,000/- for future maintenance of the wife, Manoka Chatterjee, no further claim could be made by her.

 

9. It was also decided in the case of K. Pandian v. A. Savithiri reported in 1999 Cri. L.J. 8, that the mere fact some amount is given to wife for future maintenance would not disentitle her from claiming maintenance.

10. In my view, a so called "future maintenance" of a lump sum amount of money cannot be made frozen on time. It is flexible and changes from time to time according to the change of circumstances the wife is confronted with.

11. What the law does not dictate, what the public policy does not permit, cannot pass away in the name of equity, the concept of which, I am afraid, by the learned Additional District & Sessions Judge is throughly misplaced.

https://indiankanoon.org/doc/26972/

1 Like

Navneet Sharma   24 June 2018

Hi Sunil, I would request you to file Section 9 case of Hindu Marriage Act, hoping that your wife is also a Hindu. Section 125 CrPC states that the maintenance shall be granted to wife ON REFUSAL TO MAINTAIN OR NEGLECT by the husband. She needs to prove that you have neglected or refused to maintain her. When you have filed restitution, you need not to pay maintenance unless your wife shows a strong and convincing reason to court that she can not live with you due to that reason. For any help you can call me on 9758832581 or 8368997611

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