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Richa (AGENT)     06 March 2015

Help needed for 125 crpc

Received a Divorce petition from my husband on false ground of cruelty and desertion, We are living seperately since last 3 years Wants to file 125 crpc for my 3 year old daughter. What should be the grounds to file 125 CRPC? Is there any law to now his salary details and savings to claim mentainance allowance?? Please Advise...


 14 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 March 2015


The law regarding 125 Crpc is too vast to be explained here. However a good lawyer might be able to ensure that your case is well drafted. Remember, in maintenance cases there are two disputes- the first one being that of the maintenance and the second one being that of the wife living separately without any just cause. However the second one is usually ignored by most people. 

Get hold of a good lawyer who actually knows the law and doesnt just claim to know it. You shall be fine.

Augustine Chatterjee


1 Like

Richa (AGENT)     06 March 2015

Thanks Augustine Chatterjee...Thanks for your kind response.

saravanan s (legal advisor)     07 March 2015

to file 125 cprc you must be in a situation where you cant maintain yourself and your child and definitely need financial support from your husband.if you are a working woman then chances of getting maintenance depends on your income etc etc but you will defenitely get maintenance for your child. if your husband is in  goverment service you can get the income details by filing rti or else you need to add the employer of your husband as a party to the case to get the details of your husband income

1 Like

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 March 2015

Dear, Many factors to be looked into before you get answer .... Your capacity to earn, his income , reason for which u left and other other factors .... Kapil Chandna Adv 9899011450
1 Like

Richa (AGENT)     07 March 2015

Thanks Mr. Saravanan and Mr. Kapil Thanks for this usefull information, this forum is really very helpful.

Mr. Kapil, how can i prove the resons for which I left. It was a mental torture n daily arguments n fights for which I left. How should I prove this, I don't want maintenance for my self I don't need his money, I want it for my child for her future.

saravanan s (legal advisor)     07 March 2015

since your husband only had filed divorce against you on  grounds of cruelty and desertion the burden of proof lies on him and not you.if he cant show proofs then his case wont stand in the court.so you dont need to worry about it.if he makes allegations you have to defend it.

Adv. Chandrasekhar (Advocate)     07 March 2015

In Section 125 cr.p.c. case it is your responsibility to prove that there is sufficient reason for leaving your husband and matrimonial house.  Cruelty, physical and mental harassment, inlaws' over-interference in matrimonial life, dowry demand, husband's way-ward behaviour including extra-marital affiar, penchant for alcohol etc. are some of the reasons why the wife leaves husband's companionship.  Your daughter would definitely get the maintenance.  As far as you are concerned, as you are a Govt. employee, the emoluments husband and wife get would be looked into and life style of the spouses by the court before considering the wife's prayer for maintenance.

1 Like

Adv. Chandrasekhar (Advocate)     07 March 2015

If you file Section 125 from the place where you are living and working for gain, that would be beneficial for you irrespective from where he has filed the divorce petition.

1 Like

Richa (AGENT)     07 March 2015

Thanks to all the experts for your kind response and suggestions they are really helping and useful for the person like me who is not aware with all this legal process. I have one more doubt, Actually i received the divorce petition 2 months back but i did not take any action as i was not aware with the process. i read somewhere that it is compulsary to counter file divorce petition with in a month, what should i do now?? will he get the benefit for not replying this petition, will it go in his favour now?? Can i send the reply for petition now, will it be acceptable by the court?? Please advise.....Thanks in Advance.

Adv. Chandrasekhar (Advocate)     07 March 2015

If u want to contest divorce case, I suggest u shd, engage an advocate immediately and he will file or reply, with necessary explanation for delay in filing, if situation warrants. If u don't contest, he will get away with divorce decree.

fighting back (exec)     07 March 2015

125 is meant for people who are abandoned and unable to maintain theirself. you yourself are stating that you are employed and still want to earn maintainence. what makes you think that thecourt will accept your story?

Mango (Consultant)     08 March 2015

Engage a lawyer to file a reply (WS) "only" instead of fighting this case in court. Seeing the greed of lawyers for money, I can bet that any lawyer would take you the route of dowry case (498A)  as Advocate Chandrasekhar hinted in one of her reply. After this case, he could loose his job and you could end-up with no maintenance. These cases reciprocate to each other. Only benefit would be given to lawyer who take advantage to these gender biased law to earn more money.

Beware from lawyers in the court!!!

You need to file WS and wait for sometime to start the mediation. Judge would start mediation after the initial hearing. In mediation, you could let him know that what you need from him in a precise manner. I see your maintenance call is totally justified and should not be deniable either by your estranged husband or by law. You can file maintenance claim (CrPc 125) any time even after divorce if you have not received any maintenance.

As your husband has filed the petition, so you can remain mum for sometime. One advantage I can see for not filling CrPc 125 now is that you would beat the hypothetical situation which your husband has built around alimony and maintenance. If everything goes smooth then reunion would not be messy and family trust would be maintained. I have seen couple of people changing their perception but stuck at the last point due to court cases.

I am not too sure what's the status of your marriage but give it a chance in mediation. Speak out without any hesitation in mediation but be watchful what you say in court.


Pinakin Joshi (Independent)     08 March 2015

this is the situation where you are not eligible for any maintenance at all..... if you wish than focus on re-union..... if your sole focus is on reunion, then become fearless..... everybody will help you including courts

Richa (AGENT)     10 March 2015

Thanx to all the experts for your valuable suggestions, as there is no scope n chance for reunion hence I have finally filed the 125Crpc....one more advise which I want from all experts. Can I know the ITR details of my husband through RTI as I read sumwhere dat spouse are not considered as third party n this information can be shared between spouses....what is the process for same, can I sinply file an RTI or do I need to send it through my lawyer?? 

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