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Burden of proof

On whom Burden of proof for showing income in 125 crpc?

1.On Wife 2. On Husband

If wife well educated and was working previously on whom burden of proof?

1..On Wife 2. On Husband


 4 Replies

Rajesh Kulkarni (Advocate)     02 January 2013


Hi Devendra,


Definitely one who files a petition seeking maintenance under Sec 125 of Cr.P.C has to prove that the other from whom it is being sought for has a better source of income to pay maintenance.


As per your query “If wife well educated and was working previously on whom burden of proof?


·         Working previously is enough to reflect that now she is not working and income-less.

·         Prove that your wife has accumulated enough money and that she intentionally left that job just to harass you and claim maintenance.

·         First let her put her facts before Hon’ble Court, on what grounds she is seeking maintenance then you can go for a better defence.



Rajesh Kulkarni

Advocate, Hyderabad


2 Like

Chetan Joshi (Advisory/Advocacy)     03 January 2013

Wives generally make unreasonable demands for maintenence, which exceeds the income bracket....

The husband in return denies and the wife is finally left to prove....It lies on the wife


Secondly if wife hides previous emplyment, income...Husband needs to the facts in front and prove it.....





Rahul Kapoor (Legal Enthusiast)     04 January 2013


burden of proof is on the party who claims the advantage.






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