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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"?

 3 Replies

Arup (UNEMPLOYED)     02 May 2010

if the wife misuses the money, a seperate case may bring against her for reviewing the past order in the light of present circumstancess.

Arup (UNEMPLOYED)     02 May 2010

this scope is always open. do not hesitate to sue her if genuine cause is there.


1. Law / binding precedents are always there it is always the problem of its "implementation". Your que. is quite valid and now read next para.

2. The welfare and education of the child is the joint liability of the parties [Binding case law Padmaja Sharma Vs. Ratan Law Sharma, (2000) 4 SCC, 266 and Usha Bhagat Vs. Dr. B.B. Singh, I (1992) DMC 72] .

3. There is flip angle under S. 125 CrPC too wherein if father has applied for custody of minor child then under S. 125 CrPC interim is disallowed leave aside final maintenance.

Now tell me who is going to "bell the big lazy cat" ? I am doing my part till date if you read my profile, what about you now, otherwise please donot cribb about Law when it has always been there now read para 1 :-)

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