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Parth Chandra (none)     15 July 2010

Crpc 125 (full or interim maintenace)?

Whether full monthly maintenance allowed after divorce only or before that in CRPC 125?

 

 

My wife has told in her crpc 125 application in Feb-2010 that I am earning 50000 through salary in a private company (XYZ) and hence she should be given 25000 per month as maintenance (no application for interim maintenance) without any proof of my income or cruelty…simply by making false allegations of cruelty and dowry demands.

 

In response, I have said that Its true that I am working in company-XYZ but am not having salary of 50000…..Moreover I also submitted my expenses worth around 32000 which includes medical expense of me, my father and my home loan EMIs (since 2008).

 

Can any one please tell me….whether court would grant interim maintenance to her or full maintenance?

 

What is the scenario when court prefers full maintenance over interim maintenance…and what are the steps before court orders full maintenance?



 22 Replies

Munirathnam (Scientist)     15 July 2010

Hi PC,

 

If husband

  • neglects wife to maintain and
  • if wife unable to maintain herself then only husband has to maintain wife.

Means husband do not want to maintain wife and refused to live with wife then at the same time if wife is not capable of earning and maintaining herself wife will get maintenacne from husband provided husband can give that much amount that wife is asking.

 

If wife do not file Interim Application for maintenance in CrPC-125 then court will not grant it, only final maintennce will be granted after complete trial.

 

plese explain your story to get better advice....

Parth Chandra (none)     15 July 2010

Munirathnam,

What do u mean by complete trial?...

Is wife expected to produce any evidence or simply false affidavit and false witnesses (family members of wife) would justify her demand of maintenance under CRPC 125 on cruelty and dowry charges?

My wife has filed 498a,DP,attempt to murder,  etc cases against me and my family and crpc 125 against me by providing similar false accusation.....She don't have my salary proof not she have any proof of cruelty or dowry demand.....and has asked for full maintenance of 25000 p.m.

In next hearing my lawyer is going to cross examine her.....In her evidence ...she has only provided false affidavit....

Now my questions are simple

1) What is the complete trial steps before judge would ask for full maintenace?

2) Isn't she suppose to provide any proof except false affidavit?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     15 July 2010

Dear Author,

As per recent judgement if the wife leaves the husband on her on account then she is not entitled for maintenance. Keep it in ur mind, for further query and help u can call me at 9871158578

2 Like

Arup (UNEMPLOYED)     15 July 2010

sec 125 crpc seperate than Sec 24. Maintenance Pendente lite and expenses proceedings; & Sec 25. Permanent alimony and maintenance under hma.

as the petition under sec 125; sec 24 & 25 hma na


(Guest)

1. As per recent Judgment parents income not to be considered for granting maint. from husband. 


2. Ms Rakhi it is matter of "trial" means "evidence" then only Court may not grant maint. But prime facie even an application and or affidavit is also not required as per various authorieties to get relief under inter. maint. head U/s 125 CrPC....... Right !


3. She can very well claim both inter. as well as final maint. under S. 125 CrPC However prime facie grounds read with evidence needs to be considered by the trial court before awarding either and or both at one given point of trial stage Order.


4. You yourself has given proof of your income and liabilities to the Court so what she has to prove further ! She played reverse engineering with your side :-)  Quoting Nandani Satpathy Vs. UOI citation of SC you could have denied the alleged income she has stated in her Application. Has this been the stand of your side the Onus of Proof rests on her, further / but I don't even see any income / earning capacity / education qualification details of your wife in given brief so what are those situation savers here....None.....Right? .


5. Have you read S. 60 CPC and understood the reverse engineering in maint. cases one (read husband side) needs to plead as way around :-)))))

Rgds.

1 Like

Parth Chandra (none)     16 July 2010

sec 125 crpc seperate than Sec 24. Maintenance Pendente lite and expenses proceedings; & Sec 25. Permanent alimony and maintenance under hma.

as the petition under sec 125; sec 24 & 25 hma na

 


1. As per recent Judgment parents income not to be considered for granting maint. from husband.


2. Ms Rakhi it is matter of "trial" means "evidence" then only Court may not grant maint. But prime facie even an application and or affidavit is also not required as per various authorieties to get relief under inter. maint. head U/s 125 CrPC....... Right !


3. She can very well claim both inter. as well as final maint. under S. 125 CrPC However prime facie grounds read with evidence needs to be considered by the trial court before awarding either and or both at one given point of trial stage Order.


4. You yourself has given proof of your income and liabilities to the Court so what she has to prove further ! She played reverse engineering with your side :-)  Quoting Nandani Satpathy Vs. UOI citation of SC you could have denied the alleged income she has stated in her Application. Has this been the stand of your side the Onus of Proof rests on her, further / but I don't even see any income / earning capacity / education qualification details of your wife in given brief so what are those situation savers here....None.....Right? .


5. Have you read S. 60 CPC and understood the reverse engineering in maint. cases one (read husband side) needs to plead as way around :-)))))

Rgds.

 

Respected Arun Sir,

I didn't gave my income details but ofcourse showed the court that I have liabilities worth around 32000 p.m in the form of Home Loan EMIs, Mine and Father's medical expenses and also showed proof of my bad health....I accepted that I am working with XYZ company as she mentioned but did not accepted my income.....That too as I don't want her/court to approach my company as I may loose my job (which is the only good thing left with me now).

further I have her educational & her salary details (of job which she was doing before marraige) and for the premarital job, I am also having her salary sleep which shows that she used to earn around 7500 p.m before marraige in 2005....so she is capable enough to earn if she wishes to.....My lawyer is going to present them once he completed cross-examination of her as in cross-examination she may deny such past income and my lawyer can show that she has come with unclean hand.....In this case she may very well say that she is now having responsibility of my baby (3+ years old) and hence may not work.


Now my question still persist...
1) What are the steps of complete trial?
2) Is full monthly maintenance given simply on the basis on false affidavit and/or witnesses which are her family members without wife giving any income proof.
3) I have mentioned in my reply, that I want her back to lead a happy (?) life with me and all cruelty & dowry related allegation against me and my family are false....and If needed I can also provide affidavit & family witnesses on the same and I bet she can't proove me wrong with any proof....so isn't it implies that I don't intent to neglect her but she is the one who is leaving apart with any proof and asking for money?

Parth Chandra (none)     21 July 2010

Can any one plz. respond to my below queries regarding CRPC 125.

1) What are the steps of complete trial?
2) Is full monthly maintenance given simply on the basis on false affidavit and/or witnesses which are her family members without wife giving any income proof.
3) I have mentioned in my reply, that I want her back to lead a happy (?) life with me and all cruelty & dowry related allegation against me and my family are false....and If needed I can also provide affidavit & family witnesses on the same and I bet she can't proove me wrong with any proof....so isn't it implies that I don't intent to neglect her but she is the one who is leaving apart with any proof and asking for money?


(Guest)

For 1: In short

- Suit U/s 125 CrPC admission
- PF / RC Notice Issue to Respondent with NDOH
- Process Service Report referred by Court on NDOH if served then [If Process not served then 2-3 more opportunities given to respondent to appear and afterwards ex Party Order]
- Husband / Son appears with WS n NDOH given
- Cliarification of income may be asked from parties otherwise
- Prime facie based on her avernments interim maint. is granted with NDOH for PE
- Admission / Deniel
- Issue framed
- BY NDOH amount of Inter. Maint may be given or Appeal to superior Court if no Appeal then
- Cross Examination by Husband / Son side once over then RE starts
- Once this is over Arguments
- Final Maint Order

For 2: In short
If not denied and proof not asked then inter. can be given which is purely based on descrition / prime facie facts.

For 3: In short
Sub Section 4 OF Section 125 CrPC Bar is applicable

The petitioner has not only to mention that she has reasonable ground to remain separate but has to prove the same Re. Partha Pratim Basak Vs. Arundhati Basak, C.R.R.No.1653 of 2006, High Court of  Calcutta.
For neglect bald allegation Re. Bheekha Ram Vs. Goma Devi, 1999 CRI.L.J.1789

Rgds..

2 Like

Parth Chandra (none)     21 July 2010

Thanks Arun Kumar Sir,

 

Though your reply is somewhat technical for me (As I could not understand some of the terminology used by you)….but I got the underlined essence.

 

Regards.

Parth Chandra (none)     03 August 2010

Hi All,

Can some one please provide me some citation where court has refused to pay full or interim maintenance UNDER CRPC 125. Below are the brief of the CRPC 125 case.

 i) if wife just files affidavit (with false claims of harrasement) in her evidence. Next hearing is for my lawyer to cross examine her.

ii) Wife has claimed 25000 p.m as full maintenance and claimed that husband is earning 50000 p.m, but has not provided any proof of husband's income.

iii) In reply, husband has denied the income of 50000....However furnished expenses of around 32000 p.m (which includes his home loan EMI since 2008, Monthly rent agreement, medical expenses as he is a heart patient, medical expenses of his father as he is over 60 years and depends on husband and also have BP, sugar etc. old age problems).

iv) No witnesses have come from wife's side (and even if they come during/after cross examination, they would be her father, mother, brother etc. only).

v) Wife has not provided any proof either of cruelty or income and has provided false complaint and affidavit only.

vi) Wife had filed 498a on husband, his father & brother (chargesheet filed in March-2010 from which my father has been excluded) and case is yet to start.

 

Based on above scenario, Can anyone please provide me any citation when court might have granted interim maintenance on prima facie but deny full maintenance as how some one could be convicted and asked for full maintenance if wife provides affidavit only?

Parth Chandra (none)     04 August 2010

Hi,

 

Can any one please guide me based on above case details regarding the questions which should be asked to Wife in the Cross examination stage of CRPC 125?

 

I mean, what kind of questions should be asked which could lead to her reply which can should that the allegations are false and she is asking for maintenance after leaving the house on her own

 

Below is the brief of allegation made by her in her complaint and affidavit.

1)      I used to torture her physically and mentally since 2007 for dowry. – FOR THIS SHE HAS NOT PROVIDED ANY PROOF AND MAY PRODUCE WITNESSES FROM HER FAMILY AND FRIENDS….I HAVE SOME PHOTOGRAPHS OF HER WHEN WE WENT FOR OUTING IN MUMBAI WHEN MY FATHER VISTITED OUR HOME FOR FEW DAYS. SHOULD I SHOW THESE PHOTOS? I ALSO HAVE PHOTOS OF HER GOD BHARAI CEREMONY…SHOULD I PRODUCE THEM?

2)      My father and brother (who live in different state) used to come occasionally to our home (where only I and my wife used live) in Mumbai and harass her for dowry. – SHE HAS NOT PROVIDED ANY PROOF….JUST FALSE ALLEGATION IN AFFIDAVIT AND COMPLAINT..HOW TO TACKLE THIS? IN FACT, MY FATHER USED TO COME ONE A YEAR FOR COUPLE OF WEEK WHEREAS MY BROTHER NEVER VISITED MY HOME.

3)      My father and brother used to provoke me on phone to do dowry harassment on her. – MY FATHER USED TO CALL AT OUR HOME DAILY TO TALK TO MY DAUGHTER (HIS GRAND-DAUGHTER) AND TO KNOW OUR WELL-BEING….THATS IT.

4)      I was doubting her character and asked to abort our daughter (which is not at all true, In fact we did a very good ceremony for her GOD BHARAI, bought an insurance policy for my daughter and spent 21000 in donation for her Nursery admission…..I have proof for all of them.

5)      She blamed that she was being tortured from Jan 2007 till Dec 2009 but did not complaint to her family or police as her father is a heart patient (Whereas I am also a heart patient).

6)      She blamed that I hided my heart related health problem from her before marrying. (Whereas I told her every thing clearly that I have undergone one open heart surgery and would require one more in near future….In fact in 2008, I had to undergo another surgery where she and her parents were also with me in hospital).

7)      She claimed that they have given all the house hold accessory during and after marriage along with 258 tolas of gold. – MY WIFE/IN-LAWS GAVE SOME OF THEM BUT DID NOT GIVE A SINGLE PIECE OF GOLD. WE NEVER ASKED FOR ANYTHING, IN-FACT AS I WAS LIVING IN AHMEDABAD (MY IN-LAWS CITY) AT THE TIME OF MARRIAGE (AND BEFORE WE MOVED TO MUMBAI) ON A RENTED ACCOMODATION, WE TOLD THEM TO KEEP THE JWELLERY WHICH MY PARENTS GIFTED TO MY WIFE THINKING THAT IT WOULD REMAIN SAFE WITH MY IN-LAWS AND MY WIFE WOULD TAKE IT WHEN-EVER THERE IS A NEED OR OCCATION…AND WE WOULD NOT HAVE TO HIRE A BANK-LOCKER FOR THAT.

 

Now in-laws are demanding money to settle the case and to send my wife back…and for divorce they are demanding very big amount. I and my family are not agreeing to any of them and maintaining that we are ready to take my wife back with respect (even after such allegation) because of my daughter’s future but would not pay money to them. The same thing we have mentioned in our reply to their CRPC 125 application.

 

Above are the major allegations made by her in the form of false affidavit (which is similar to her 498a complaint), now in next hearing I am going to cross-examine her. I would be rally grateful if some one could enlighten me with their suggestions/questions which would help in proving her false allegation and malicious intent.

S.B _Kolkata (Service)     05 August 2010

compilation for avenues of possible counter cases

 


32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation) ,
200 (examination of complainant) ,
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant) ,
250 (compensation for accusation), 306,
321 (withdrawl from prosecution) ,
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation) ,
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation) , RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to ” protection
officer ” and lies that you abused her “physically, emotionally or
economically” , file a damage recovery case u/s 9 of CPC against her. Legally,
you must issue notice on the same day or next day. The suit will continue for
long time. It has no risk.

What I had compiled sometime back, may some repetition wrt Rudy’s options. S.191 :Giving false evidence+ S.340(1) of CrPC for Perjury @ Family/Magistrate Court
matter
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.361 : For child – Kidnapping from lawful guardianship
S.378 :Theft
S.383 : Extortion
S.463 : Forgery
S.499: Defamation

Sections which u can check with ur advocate(I dont remember the IPC section offhand for these crimes) – Criminal Intimidation, Criminal breach of trust(non return of loans), Threatening, Abbetment of crime, these may be referring to a period before even your wife filed cases against you.

Some other sections of IPC helpful for husband side:
182 False information, with intent to cause public servant to use his lawful power to the injury of another person
191 Giving false evidence
192 Fabricating false evidence
195A Threatening any person to
give false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false
199 False statement made in declaration which is by law
receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
205 False personation for purpose of act or proceeding in suit or prosecution there are

S.B _Kolkata (Service)     05 August 2010

A wife is not entitled to maintenance if she walks out of her matrimonial home willingly, the Supreme Court has said.

 


Dismissing a woman’s petition seeking Rs 4,000 as monthly maintenance from her former husband, a bench headed by Justice VS Sirpurkar on Monday said, “You left the matrimonial home on your own and now you want maintenance. Is this the law of the country? What is the justification for your staying separately?”

The court upheld a Punjab and Haryana High Court order denying maintenance to the petitioner since she had not gone back to her husband.

The woman had left her matrimonial home and minor children in Jind, Haryana, in 1998, accusing her husband of demanding dowry.

She then moved a local court seeking divorce on the ground of cruelty. Her husband filed a petition for the restitution of his conjugal rights.

In 2003, the court dismissed her plea for a legal separation. Despite a judicial order, she did not return to her husband.
A year later, the woman approached the court again, asking for divorce — on the ground that she was living separately — and maintenance. Though her divorce plea was granted, her appeal for maintenance was turned down.

 

Source: https://www.hindustantimes.com/No-allowance-if-wife-walks-out/Article1-477530.aspx

S.B _Kolkata (Service)     05 August 2010

In a rare judgment, probably the first for the Karkardooma courts, a sessions judge has ordered the prosecution of a man, who allegedly gave dowry to his daughter’s in-laws at the time of her marriage over two years ago.

In fact, it was his daughter’s complaints and multifarious criminal cases against her estranged husband and his family that have spelled legal trouble for Yashpal Kumar.

Married in December 2006 to Ram Khanna, Kumar’s daughter Rita left her matrimonial home a couple of months later and approached the Crime Against Women (CAW) cell, with the complaint that her husband and in-laws were torturing her.

Subsequently, her husband and other in-laws were booked under the charges of atrocity and harassing her for dowry in an FIR. She also filed a maintenance petition before a magistrate.

One common allegation in all her complaints pertained to how she was ill-treated for bringing insufficient dowry despite her father having spent over Rs 8 lakh in meeting the dowry demands of her husband and his father. While Rita made this particular accusation, she could hardly imagine the legal trouble it would bring to her father.

Khanna’s father also moved the court, asking if they were to be prosecuted for demanding and receiving dowry, how could Rita’s father wriggle out of the charges of giving dowry, which is also an offence under the Dowry Prohibition Act?

After the magistrate trying Khanna and his kin found no substance in the plea and dismissed their complaint, Khanna’s father approached the sessions court in revision of the impugned order. The petition filed through counsel Sanjay Gupta and Manish Shrivastava claimed that all they were pleading for was a fair and just view of the issue. As Khanna and his parents were standing a trial for receiving dowry, Kumar, according to the rule of law, should also undergo the judicial scrutiny of a court under the said Act, contended the counsel. They said that the request was based on Rita’s own version before the magistrate.

Additional Sessions Judge Sanjay Sharma found favour with the counsel’s arguments. “On considering the entire trial court record, I am of the opinion that the contents of the FIR and the maintenance petition filed by Rita, clearly discloses the allegation that her father gave dowry on the alleged demands of Khanna’s father. Since under The Dowry Prohibition Act, giving of dowry is also an offence, therefore, he is prima facie guilty,” said ASJ Sharma.

Allowing the revision petition, the court then sent the matter back to the trial court, directing it to summon Kumar under Section 3 (penalties for giving/taking dowry that can go upto a five year jail term) of the Act and examine him under the relevant criminal procedures. Notably, the order follows a Rohini court’s order last month asking the police to register an FIR against a bride and her kin for giving dowry.


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