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R.p. Saraswat   08 February 2019

claim under sec 125

Husband and wife living separately after case under 498a was filed and at hearing stage.Their 2 year old son is in custody of his father since his birth and being taken care very well jointly with grand parents.Husband and wife are working in bank. Husband ‘s salary is 1.5 times more than his wife and has no liability except himself.Now the father has filed case under sec 125(1)crpc for claiming maintenance for the son from his wife . He has claimed expenses for keeping maid and providing food for child but without any proof of expense. He has sufficient income from bank as salary and thus fully capable to well maintain the child.Whether the case is maintainable in court in the light of above facts and case pending u/s 498a , which was filed before this case.a case under sec 13 is also pending in family court.


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 1 Replies

Adv Deepak Joshi +917017821512 (Advocate)     09 February 2019

Dear querist,

Section 125 Crpc filled by husband is week, as you said husband is earns more than wife and has no other liabilities to look for; court will not do much in this case.

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600


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