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harrassedby498a (softare)     26 January 2012

125 crpc liabilties

Hi All,
 
Please let me know what are all the liabilities that we have to show to the court in CRPC 125 case  for defending ourselves to make the maintanance amount to minimum ?
 
Thanks in advance.


Learning

 23 Replies

N.K.Assumi (Advocate)     26 January 2012

I dont know for sure why CrPc 125 is there in the statue book, when even flies and ants work and earn for  their own life without depending on others. 

1 Like

harrassedby498a (softare)     26 January 2012

Good answer Assumi .I dont know when this old dusted Indian law will change which is completly inclined towards women.

There are some judges who even give the 1/3 maintanance from the husbands salary even though she is very much capable of earning her own bread just beacuse the law exists.

 

 

 

N.K.Assumi (Advocate)     26 January 2012

It would have been better for the Judge to teach Nature Study to the lady about lily flower how they grow, about the labor of ants and bees etc.

Tajobsindia (Senior Partner )     26 January 2012

Originally posted by :N.K.Assumi
"
It would have been better for the Judge to teach Nature Study to the lady about lily flower how they grow, about the labor of ants and bees etc.
"

 

ha ha

Same way without prejudice to Men's Rights “all married able bodied men should now study bird watching so that one can flew over the cuckoo's nest”.............



Well speaking of adding wisdom the only one Article which needs re-looking is
Article 15 COI in relations to various Family Laws rest other Acts and Codes for abala nari will follow in line. I have already announced some dozen months back here to chip in 1 Cr. now any takers to become poster boy of Apex court for men’s rights :-|  


BTW you trickily omitted transformation of
Assam’s spider(s) on the go :P

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 January 2012

I agree with Mr. Assumi, but some women are not working and depend on others specially in interior area or villages, so 125 is deleted from the statute because this section is not only for the people who earn the money himself/herself, but is is also for the child and parents. I think you forget the minor child 7 old Parents in this regard.

Feel free to call

 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 January 2012

Dear Querist, 

There are a couple of things that you can do :-

1) Let the Burden fall upon the wife who's seeking maintenance to prove 'neglect' on your part, that means disregard of your obligation by you. If she is the one who refuses to live together etc. She is not entitled - in fact you can propose her to come and then it would be her burden to prove that she has a valid cause for living apart.

2) Make a list of all your liabilities, your dependencies so as to show your inability to meet her claim. 

harrassedby498a (softare)     27 January 2012

She has put all the false allegations in her petetion to show that we have harrased her so she is taking shelter at her parents house .As of now on the road and living with the mercy of the parents , hence need maintananace.

I have put in the following liabilities in my counter.

1.Parents Health

2.House rents( Dont know if we can keep the rent slips of 10K,Judge says if u can afford 10k house ,Pay 20K to wife)

3.Personal Loans for parents health taken after 498a Filing

4.office loan 50K

Please let me know if we can keep anything else so that the court considers it to make the maintananace minimum.

 

 

 

jasbir singh (498 a/125 ipc)     27 January 2012

dont agree to give her even minimum maintence what happend then she will  file another case knowan as izrile pettion in which she claimed  that my husband is not giving me the 'pension' maintence for this she have to pay the fee to the lawyer  for another fileing the case

rajiv_lodha (zz)     27 January 2012

Bad part is that the INTERIM MAINT IS GRANTED WITHOUT GOING INTO DETAILS OF THE CASE!

The proofs of various things remain in our pocket 4 years 2gather, while she enjoys the money!

harrassedby498a (softare)     27 January 2012

This is not interim maintanance.This is 125 Crpc maintanance.

Can we take the LIC policy now for reducing the maintanance as a tax Benifit.Will the court consider that .

harrassedby498a (softare)     31 January 2012

Some body please reply to my post.

Chaitanya_Lawyer_Mumbai (Lawyer)     31 January 2012

Generally your in-hand income post PF deduction & her income will be considered for deciding maintenance.

jasbir singh (498 a/125 ipc)     31 January 2012

pl.some one from expert  explane if  the wife is MA [PG] with Bed degree and if she is providing tution in her home  and husband ca't prove  her income and  judge order him to give maintence  to her . is any  other way  to to cancel  the order of  maintence except appeal 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

The real fight is about interim maintenance, which can only be denied if she is earning. No other effective mechanism at that stage has been successful in all circumstances.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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