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MUKESH GUPTA   02 January 2020

Execution of 125CrPC

Execution has been filed against 125 CrPC against me. I do not want to give maint. Can I file sec 9 of HMA and avoid maintenance


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 6 Replies

Adv Deepak Joshi +917017821512 (Advocate)     02 January 2020

will not help you much, atleast avoiding maintenance liability.

SUNIL KUMAR (apprentice)     03 January 2020

Agreed with learned lawyer Deepak Joshi ji Consult a local prudent lawyer dealing in family matters so as you may be guided. When you prove in the court that your wife is earning good so as to maintain herself...then court may exempt you otherwise man can not escape or be allowed to shrugg off this .

Nikita Parekh   03 January 2020

Kindly Share copy of the Order at
nikita.parekh75@gmail.com for further recourse

G.L.N. Prasad (Retired employee.)     03 January 2020

The law can not toe in line with our wishes and desires.  You have already engaged advocate and seek his guidance as this Execution petition on an already decided matter that was not appealed.

Free Legal Help India   06 January 2020

Please contact Adv. Arshad Ali Zaidi 9719775005

T. Kalaiselvan, Advocate (Advocate)     16 January 2020

Section 9 petition filed under the provisions of hindu marriage act is for seeking restitution of conjugal rights and it has  nothing to do with the denial or acceptance of maintenance to be gven to the spouse.

If there is a court order to pay maintenance every month under the provisions of section 125 Cr.P.C., then it becomes your duty to obey the court order, which you cannot  avoid.

Section 125 to 128 of Cr.P.C lay provisions for maintenance of wives, children and parents. Seetionl25 of the Code gives effect to the natural and fundamental duty of a man to maintain his wife, children and parents so long as they are unable to maintain themselves.

An order for maintenance passed under this section in favour ofa wife will not cease to be operative merely because there was subsequent resumption of cohabitation between husband and wife though it would remain under suspension during that period. It would revive when the wife again lives separately from her husband unless and until it is cancelled by the competent authority in a proper proceeding under this section

 


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