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sanjeev pawar (service)     21 January 2013

Demand for food clothing and shelter in 125 case

dear all,

i am bit confused by this demand of wife, hence pls give ur valuable inputs

in the RCR case by wife she claims that due to negligence by husband she is forced to stay at her mothers place and staying there. and has hence filed a RCR suit.

after this husband files for divorce, later she files for sec 125, in that petition for interim and final maintainence. she is asking money for food clothing medicines and other stuff and also shelter

my question is ' in her RCR petition she claims to be staying with her mother, in the 125 petition she is asking for money for shelter, now dont these two thing have different directions?

how can she ask money for shelter when she is with her mother? can i argue on this ground? pls advice


 2 Replies

Msk-need -nuetral- laws (self)     21 January 2013

No Sanjeev, You cannot argue on this ground as husband is naturally duty bound to amintain wife and cannot wash his duty in providing shelter and food.  However if you proove that it is her wilful separation or other intention on whch she is staying then you can avoid, else you need to answer to the courts.

1 Like


Not sure what happened to this thread. why dont propose, willing to provide shelter, but rent will be paid to the house owner when she moves to a rental house?

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