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Innocent 143 (JE)     03 March 2015

Will it reduce maintenane money or not

dear all members

In maintennce case i have already mentioned in my reply that they attacked on me and my family. now court has issued summon to opposite party including my wife under section 148,149,323,325,452,506 IPC in response of istgysa filed by me.

 in maintenance case only final argument is remained....

my question is that

would it prove cruelty against us by them and help in reducing final maintenance amount?

or it would not affect on maintenance case?



Learning

 3 Replies

Adv. Chandrasekhar (Advocate)     03 March 2015

To decide S. 125 and the amount of maintenance, the following ingredients are required:

1.  Whether there is a reasonable ground for the wife to stay away from husband.

2.  Whether is she an indigent and cannot sustain herself?

3.  How much is the earnings of the husband?

Pending criminal case against wife is not proof of cruelty, but proof that there is tussel between the spouses.

1 Like

T. Kalaiselvan, Advocate (Advocate)     05 March 2015

I fully agree with the views and opinions of learned advocate Mr. Chandrasekar with regard to your query. You have filed a criminal case against her which were booked under the sections quoted by you, however, be informed that the pending criminal cases against her will not make any impact to the maintenance case because this is of different cause of action.   If maintenance case is pending at final argument stage, while making the arguments, you may include the developments resulting into the pending criminal cases, which may sometimes attract sympathy of the presiding judicial officer but again the case will be decided on the other facts relevant to your income and facts of the case.

Dino Mackenzy (Delivery Head)     25 March 2015

 

Resp Adv. Chandrasekhar and T. Kalaiselvan, Advocate : Even though husband can prove that there is mental cruelty by wife to husband how come it is going to affect maintenance claim u/s 125 of CrPC? Could you please elaborate?  Do you have any citation for denial of maintenance to wife in circumstances when wife did mantle cruelty to husband? I think mental cruelty is ground to seek divorce from wife and not for denying maintenance . WDYT?


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