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Saneep   05 August 2016

Crpc 125

I and my wife married in 2000. Remained with each other until 2014, when she made a complained against me for DV in Canada and i got a discharge. We have two children aged 16 and 13 now. I left Canada forever in 2015 and came back to India. All of us are Canadian citizens now. Two days ago, i received a summon from the court under Crpc 125. My wife is making 3500 dollars every month from all the sources. I am making rs. 15000 pm in India. Can my wife claim maintenance from me? The family court in Canada has also ordered 525 dollars pm  towards children maintenance in apeil 2016, which i didn't pay. Can she claim money from me, when she is making much more than me in Canada?



 9 Replies

Sanjay Gautam (Advocate)     06 August 2016

if your wife is earning then you may get order for not paying Maintenance to your wife but for your children you need to pay. 

Sonia malhotra   06 August 2016

As per orders you need to pay to your children .There is also a judgement in which salaryof both husband wife is clubbed and divided into as per members . In that case your wife will get 3/4 of the total for her n two children and you will get 1/4 of total. If your salary is less than 1/4 then you need to claim from your wife Sonia malhotra 9953611602

Saneep   06 August 2016

Thanks for the responses.

How come it is possible for her to make applications in Canada as well as in India for the same cause, as she has already got the order from Canadian family court for paying children the maintenance?

How can a court in India is summoning me, if she is making $40000 pa and i am making INR 180000/ pa?

If an Indian court decides, and fixes an xyz amount to pay for my children, will the order previously made by Canadian family court be null and void?

 

Ms.Usha Kapoor (CEO)     06 August 2016

dEAR cLIENT,

You owe a moral duty  towards your children and you need to pay something towards their maintenance as you claim they are your own children born to you out of your 14  YEARS relationship with each other. Courts will take all circumstances into view and order maintenance for children as it is your fatherly duty and moral responsibility towards your children. In India you putforth your inability to pAY SUCHJ HEFTY AMOUNT TOWARDS YOUR CHILDRENS MAINTENANCE AND IS PREPARED TRO PAY A REASONAL;BLE AMOUNT TOWARDS THEIR MAINTENNCE. cOURT WOULD CEETAINLY CONSIDER YOUR ARGUMENTS AND VIEW POINT.

Ms.Usha Kapoor (CEO)     06 August 2016

Dear  Client,

You owe a moral duty  towards your children and you need to pay something towards their maintenance as you claim they are your own children born to you out of your 14  YEARS relationship with each other. Courts will take all circumstances into view and order maintenance for children as it is your fatherly duty and moral responsibility towards your children. In India you putforth your inability to pAY SUCHJ HEFTY AMOUNT TOWARDS YOUR CHILDRENS MAINTENANCE AND IS PREPARED TRO PAY A REASONAL;BLE AMOUNT TOWARDS THEIR MAINTENNCE. cOURT WOULD CEETAINLY CONSIDER YOUR ARGUMENTS AND VIEW POINT.

Sanjay Gautam (Advocate)     06 August 2016

you are asking a technical question which can not be answered here. consult a lawyer with all documents to get the best possible consultation. 

P. Venu (Advocate)     06 August 2016

Some facts are perplexing. Is Canada having DV Act and CrPC?

Saneep   06 August 2016

Thanks to all of you for your efforts.

Yes, Canada has a law same as that of DV, but commony it is called spousal assault. As CrPC is for maintenance, in Canada it is comparable with  FLA (family law act), and child support guidelines in British Columbia.

Thanks

Vibha   06 August 2016

  1. You will get ample opportunity to present facts and arguments from your side before any maintenance is ordered.
  2. Wife can ask for the moon. Whether she will get favorable order depends on how well you present your case.
  3. Basic principles of spousal and child support are common around the world. Parents have to share financial cost of children. If one spouse does not have sufficient income the other must pay support. Same rules will apply everywhere you go. If some support is ordered by court in Canada, you can present this to judge in India and it will be taken into consideration.

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