MUKESH GUPTA 11 July 2021
SHIRISH PAWAR, 7738990900 (Advocate) 11 July 2021
If you dont have any source od income to maintain yourself then you will get maintenance from husband for daily necessities of life. It is the responsibility of husband to maintain wife. There should be some ground to reduce mainenance.
varsha mishra 11 July 2021
Hi. Section 125 of CrPC provides for the maintenance of a wife. Clause 4 states three exceptions in which a maintenance order can be dismissed. These are adulterous act of the wife, refusal to live with her husband and living separately by mutual consent. In Deepak Malhotra v. Deepti Malhotra, it was held that Income of husband is not a sole criterion to determine the maintenance amount, it can be altered depending upon other factors like status, no. of persons dependent upon the husband, etc. In Shamima Farooqui v. Shahid Khan, the court stated that no means to pay, or no job and business not doing well are bald excuses. If the husband is healthy, able bodied and in a position to support himself, then he shall be obliged to maintain. Also, even when the wife is earning, it is not sufficient to discard maintenance she should be able to maintain herself as she was when living with the husband, as has been held in Chaturbhuj v. Sitabai. Lastly, in Pratima Devi v. Anand Prakash, the court stated that the revision court can only stay a maintenance order when there is a very special reason. Therefore, if the husband can prove any special reason or any of the ingredients given in clause 4, then possibilities are there for a stay order.
Kevin Moses Paul 11 July 2021
Dr J C Vashista (Advocate) 12 July 2021
When wife, children and parents are unable to maintain the Court shall grant maintenance in terms of Section 125 CrPC.
The order can be challenged and High Court / Supreme Court has all powers to revise as per circumstances/ evidences.
Consult your lawyer if it is not a hypothetical academic time pass topic.