Crpc 125 maintainance money

@ Author

Try to understand below

1. Hire a Family law Adv. or the young boy and show him this reply..


2. A un-employed person can marry and there is no Law of the land which says that he cannot. marry Some time pass female writers comment here saying that how a un-employed man can marry?, ignore such stupid time pass comments of these time pass female writers having no legal knowledge. Further, a un-employed husband  living in the home of his parents can very well upkeep his wife from joint income from a joint family kitty. S. 125 CrPC when is filed by wife it is for for seeking maint. from husband and it is not for seeking maint. from in-laws (father in law running a grocery shop is nothing as evidence for maintenance in case in hand). However if Husband is dead then wife under S. 125 CcrPC is eligible to seek maintenance from In Laws on compassionate grounds which is not the case in hand. Further, there are no maintenance Law of the land which says that only from husband's earning a wife needs to be maintained.


3. Now the moment this situation takes a flip as in your brief the first thing the boy should do is to enroll into some kind of regular studies and posses a valid Student ID Card.
Reasoning: A student husband under S. 125 CrPC need not have to pay maint. to his wife as he is not earning a income to maintain status. S. 125 CrPC law does not say that boy's father or parents income will be considered now to meet maintenance to boy's wife. There are catena of Judgment which says what I am saying so in such situation either the wife will opt for Divorce or will re-consider her decision to resume cohabitation in boy's home and she can't now refuse and if she refuses then she has to give valid reason for such refusal.

4. Hence there is no legal liability of father of boy to pay maintenance out of income from his grocery shop to Daughter in Law it is responsibility of his son who is husband to this wife but if husband is un-employed then he is considered able bodied person and comes under minimum wage act considered minimum wage earning adult which national average is to be Rs. 4,500/- but the moment the boy legally is shown to be a student even this able bodied persuasive inference goes for a six and hence wife is denied maintenance.

 Dear Mr.Tajobs,

Super Duper Reply !! Great  piece of information !

Dear Asterastar

There is a discrition power of the court basicaly if the husband is unemployed then the court passed the order according to labour wage of a men. feel free to call me on 9953809956

Dear Asteraster,

Though a reply has been given by Tajobs, but the husband is unemployed now, does that mean he was employed before?

If that is the case, very hard to deny maintenance to wife.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

It is the obligation of a husband to pay maintenence u/s 125 Cr.P.C.

hats off to all the experts !!!

AFTAB

Dear Ld. Forum Members,

With my limited understanding on the said issue, can I clarify my few doubts?

What if wife alleges and Honarable Judge Sahab orders husbands IT return filed in last few years? Does it not amount to reflection of an able husbands earning ability? Does it not show the kind of life Husband-wife enjoyed last time when they were together and thus maintainence amount should be judged on that? Will a husband then still have to pay? I have read thatt, a husband can file a petition later under "change of circumstances" and can get the Maintainence amount amended

Please clear my doubts on the same. Thanks!

Regards,

Rohit

IN ANY CASE HUSBAND HAS TO PAY MAINTENANCE.

Rohit,

Change is circumstances is also a matter of fact and evidence.

It can be done, but is difficult.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Is alimony and maintainance different? 

I am third son in the my family. My father has got some properties. He hasnt yet willed it to us. Will my wife get a share of those properties in alimony?

Is alimony decided on husband's financial strenght on the date of initiation of divorce or on date of final court's decision? Will the court ask for my financial statments or is it out-of-the-hat number asked by the girl?

Date of decision.

And if the property is now in your name, the cost of those properties would have bearing on the amount of alimony.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com