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MVenuSwara (Others)     03 July 2009

Indigent Person

How long can a person(wife/husband)  be an "Indigent person" for the purpose of maintenance claim. Does the title of "Indigent  person" goes off automatically after interim maintenance starts? Or application is to be inserted to delete the tag of "Indigent Person" for future purposes ?  Is there any time period ?  Can pse help with the rulines or citations ?  GRATEFUL & THANX


 4 Replies

Kiran Kumar (Lawyer)     03 July 2009

pls elaborate facts of the case because technically the term indegent is not attached in the maintenance cases. otherwise Order 33 of the CPC deals with the term indegent person. better u explain us the facts.

SANJAY DIXIT (Advocate)     03 July 2009

If the interim maintenance is already fixed, the quantum is of much important. As Mr Kiran said you said provide some more facts for the views of the members.

Vishwa (translator)     06 July 2009


Who is an indigent person?

Can the learned persons here enlighten me?

Second question

If a person is incapable of supporting himself due to loss of job, illness, old age etc., can he still be ordered to pay maintenance or face criminal prosecution?

Accesorily, if such a person as described above has a wife who is capable of earning, can she be compelled to provide for the needs of her husbands? 

Thank you in advance



MVenuSwara (Others)     06 July 2009

Thanx Sir.  It is the wife who filed a petition for recovery of maintenance and other expenses with a prayer for future maintenance while living separately at her parents house.  For that purpose she filed affidavit and got an order of filing the peittion as indigent person.  There are so many advantages for the indigent person under the Order 33, Now the wife is putting every where the first that she is an Indigent person and taking undue advantages and the sympathy of being an indigent to fetch the maximum amount of the earning while she has full ability and qualification to maintain herself ; but deliberately not doing so?  In this context also is it any law that the wife cannot be asked to work since she is having ability and qualification to work? 

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