Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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crpc (student)     15 September 2010

crpc 125

Dear All,

I have few doubts.. as given under..

1. If 125 maintenance case has been filed in court from one side let say "wife"  till the case has not been decided, other party same 125 maintenance will be maintainable in court or not ?

2. What minimum  legal documents are required to prove the income of some b/c class businessmen like shopkeeper or whole seller ??

3. When 125 case is filed in court, on what basis the maintenance will be decided ? I mean to say, during the case sometime other party is having the income of some amount and sometime do not have any income ??

It might be the case that at  the time of filing case party is having income  but later on part loose the job if in service or due to any reason business is shut down i.e business income become 0.

Kindly help in resolving these doubts..

Thanks in advance..


CRPC 125






 6 Replies

CommonMann (Software Professional)     15 September 2010

In my opinion, if businessmen is filing Income Tax return, then that is the proof of Income. As a husband you can show that in court + all your expenses, including your dependent expenses. In case person is in job then show salary slip + all your expenses, including your dependent expenses. If person loses his job due to some reasons, then husband can file petition that he is job less and he cannot maintain wife from there after. But in practical, do not show this in front of court. Just file a petition (Shapathpatra) with your actual minimum income + all your expenses, including your dependent expenses, loans etc in the court. Let other party to take the burden of going to IT dept. and find the actual documents. You just try to linger on the case as much as you can.

crpc (student)     15 September 2010


Thanks for the prompt reply, But i feel--

you did not reply my first query.. 

I am having one more query ,What will be in the case if son did not have any interaction with father due to some cases going on in the court from the birth of son till the current earning age let say 25 or 30 i.e. they did not even seen each other , first time they both seen each other in court after 120-125-30 years and father is asking for maintenance by filing as case CRPC 125.Will court do not consider this issue. ??

Kindly let me know the link i.e. web address of judgement if you can provide some support of judgement..

Will TIN no with some customer receipt of business men be enough to prove the income ?

Thanks in advance..

CRPC 125







crpc (student)     15 September 2010

Dear All,

If father is only giving Rs 150 as maintenance to the mother and one son till the approximately 28 Years, and he did not turned back after the death of his one daughter in the age of only 4.When son become elder and start earning let say Rs 20000 then what you feel from your experience, whether father is entitle to claim maintenance from son let say Rs 10000 ? All this is even when mother maintenance case is in the court to decide.

I need your sincere comments.If you have information regarding judgement or rule then kindly let me know.


CrPC 125


crpc (student)     15 September 2010

All above discussion regarding CrPC 125.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     28 May 2013

Father having no sufficient income can claim his mtn from adult earning son


^ ^ ^


Agree with expert shorff

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