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Vijaymbhave (It Developer)     21 November 2009

Can wife file Crpc125 when RCR is pending?

Wife filed false allegation and 498a. I filed RCR to come back. She wants to live me separately. My father, mother and unmarried brother are in family.

RCR is pending. Now She file CRPC 125 for maintenance. My salary is 20,000/-. What will be MAX maintenance amount be granted by court? If i prove that she wants me to live separately. What will happen?

Charge sheet not submitted after 10 months. Will this be helpful in Crpc125 Case?

Can i file divorce under mental cruelty (because of false allegations)

 



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 29 Replies

Sanjeev Kuchhal (Publishers)     21 November 2009

Court can grant interim maintenance amount even though petition for RCR is pending. Generally the court will deny maintenance only on decision of RCR petition in your favour. 

In case you prove that she deserted without any reason she will not be entitled for maintenance.

Regarding quantum  normally 1/3rd of the salary is considered as the proper amount for grant of maintenance allowance.

Sanjeev Kuchhal (Publishers)     21 November 2009

Regarding mental cruelty because of false allegations, it will depend on the nature of allegation made.

Khaleel Ahmed (Legal Advisor)     21 November 2009

Dear Vijay,

498/A ,RCR and 125 Cr Pc are three different cases. Court can grant interim maintanance to your wife .

dhiraj choudhary (n/a)     21 November 2009

no court can grant to a max. of rs. 2000 as maintence to each of the applicant for application filed under sec. 125 cr.p.c irrespective of the fact that ur petition for rcr is still sub judice.beides she can also file petition under sec.24 hindu marriage act for maintence pendente lite before the matrimonial court n in that case court while granting maintenance 'll take into consideration the amount awarded under sec.125.s.if u want to file a divorce petition then u can tak one more ground of desertion besides mental cruelty

N.K.Assumi (Advocate)     21 November 2009

There are divergents opinions of various High Courts in the Country on  this issues, but looking at second provisio to sub section 3 of section 125 CRPC, the matter lies with the discreation of the Magistrate, that is the grounds of her leaving seperately from you. If she has just grounds of seperating from you the Magistrate can make order for maintenance.But  I am of the view that reluctance of the wife to live in joint family of the husband should not be grounds for maintenance, although someHigh Courts had expressed different views. This issue is very interesting and lets see for more feed back.

Sanjeev Kuchhal (Publishers)     21 November 2009

Mr. Dhiraj, you had quoted that "no court can grant to a max. of rs. 2000 as maintence to each of the applicant for application filed under sec. 125 cr.p.c "

Can you please give some citation in support of said contention.

dhiraj choudhary (n/a)     21 November 2009

please dont read 'no' as it has been typed inadvertly. i meant that court can grant a max. of rs. 2000 p.m. to each applicant provided that sh/he was dependent upon him

Sanjeev Kuchhal (Publishers)     21 November 2009

Sir, where does this restriction come from.

As per my knowledge there is not restriction on the upper limit on the quantum of maintainenance.

 

 

Prasad Sathyan kaliyapura (AGM- Regulatory Affairs)     21 November 2009

if the wife has left her matrimonial home willingly and against your wishes then she is not eligible for maintenance......The wife has to prove  just and sufficient cause why she is living seperately. if she can't prove cruelty then she cannot claim maintenance......

yes ! she can file for interim maintenance but it is not necessary that she will get maintenance if she is not able to prove the aforesaid.....

Kadali RK Rao (Asst. General Manager (Personnel))     21 November 2009

I agree with Sanjeev Kuchhal. Quantum of maintenance depends on the various factors and there is limitation of Rs.2000/- p.m. Its depend on earning capacity of respondent and petitioner. Pending RCR should not be a bar for grannt of maintenance.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     21 November 2009

 

 

As per recent judgment of the S.C, u may escape from maintenance. but descrisition is of the court.

Regards

adv.kamal.grover@gmail.com

1 Like

K. Rajendra Prakash (Advocate)     22 November 2009

Application U/s: 125 Cr.P.C. claiming maintenance can be filed during pendency of RCR petition.  There is no bar.

Radhika (Operator)     22 November 2009

Replies does not make the position clear.

Whether the Court can grant maintenance only upto Rs.2000- per applicant as suggest by Dhiraj Sir

or

there is not limit as suggested by Sanjeev sir.

sunil pagare (lawyer)     22 November 2009

As per  amended Cr.P.C act 50 of 2001 no upper limit to grant maintenance. wife can file maintenance u/s 125 of cr.pc, RCR &Cr.P.C both are diffrent cases


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