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Manu mp   08 January 2022

ABOUT CLARIFICATION AND SUGGESTION about CRPC 125.and suggests the safety measures for me

But i have another query I have 3 years old baby child .now she take my child with her mother home and I have completed 3 years of married life. now she lodge 125 with the name of my child . how I get relief from maintainance.suggest me to how I save my salary amount with maintainance


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 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     08 January 2022

Hello,

You have to consult experienced lawyer. It all depend on facts and circumstances of the case. 

Aarushi   08 January 2022

Dear user,

As you mentioned earlier, Section 125 of the CrPC orders any person to maintain his wife, minor children, parents, major unmarried daughter, any other child who is unable to maintain himself or herself due to any kind of physical or mental disability. But 125(4) also mentions that a wife is not entitled to maintenance if she is living away from her husband without any reasonable ground or if the couple is separated under mutual grounds. 

In this case, depending on what the reason of separation is between your wife and you, maintenance may or not be not be granted.

I hope I was able to solve your query. Please feel free to leave follow up questions if any. 

P. Venu (Advocate)     11 January 2022

Whatever be the facts and circumstances, you are bound to provide maintenance to the child.


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