LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aditya (Sales)     19 April 2015

Interim maintenance crpc 125

Dear Advisors,

In crpc 125, interim order had been passed in local court even wife is a doctor and educated. She is intentionally not working. But court did not look into all this and passed the order.

Could you please clarify what should I do? We have one minor child. 

Also

1] interim order payment is in addition to the final payment in crpc 125 like say for example wife file cases before 10 months and final order comes after 20 months then maintenance that husband needs to pay is Interim maintenance + final order maintenance of 20 months?

2] wife filed DV case too, can interim order passed in DV too and she claims both maintenance?

please help...thanks 



Learning

 11 Replies

sandykrish (Interested in Family LAW)     19 April 2015

This is usually followed by courts in India.Not an exception though. If you feel that the maintenance fixed is too high, please file an appeal on the interim orders passed by the court. In General for CRPC 125 cases, the interim is passed from the date of suit and final order maintenance will have to be paid from the date of Interim orders to the date of Final orders and it continues. Wife has the right to claim maintenance and legal expenses through DV. However, it is your responsibility to make court aware that wife is already getting maintenance wide sec CRPC 125. DV=CRPC 125 Divorce/RCR = HMA sec 24 maintenance.

saravanan s (legal advisor)     19 April 2015

https://timesofindia.indiatimes.com/city/mumbai/Qualified-woman-cant-claim-maintenance-Court/articleshow/46489096.cms

1 Like

Aditya (Sales)     19 April 2015

Thanks saravanan, sandykrish. yes I went through that judgement and based on that only I am worried how court can pass such order. I have one child and I am ready to pay to my child. But how qualified wife is eligible to get maintenance. and that is too high. could you please suggest next course of action?

Adv. Chandrasekhar (Advocate)     19 April 2015

There is a myth that propogated by certain interests.  Just becoming qualified and highly qualified does not make a person to be disentitled to get maintenance under the statutory law.  Such kind of judgment passed by Learned Justice S.N. Dhingra while sitting in a single bench have no takers in the judicial circles because such proposition is not ratified by the Division Bench of Delhi High Court or Supreme Court in any other case.  On the other hand, in this month itself Justice Sh. Deepak Mishra, S.C. judge clarified that unemployed wife is entitled to maintenance.  Qualified and employed both are different aspects.  A qualified or highly qualified person may be unemployed because the facts show that about 13 crore qualified people are unemployed.  So, if you want to prove that she is not entitled for maintenance, you have to show that not just she is qualfiied but also have to prove that she intentionally avoided to take up jobs commensurate to her qualification, despite she got jobs. You have to show that she has malafide intentions in refusing the jobs offered to her to grab the maintenance.  Instead of this, always the husbands want to show that wife is qualified and hence not entitled to maintenance.  They want the court just to ignore that after marriage she was not working for a considerable part of time in discharging family responsibilities and if she has a child, she has additional respomnsibility of looking after the child, who requires a considerable part of time from mother and in all these beleaguered conditions, she has to run from pillar to post to find out jobs and face arduous interviews to convince the employer that even though there is a considerable gap between her education and employment,  she is in touch with the upto date knowledge of the subject.  All these things will matter to the judge while granting the maintenance to the wife and child.

1 Like

Aditya (Sales)     19 April 2015

thanks chandrasekhar, so like I am happy to pay for my child, my counter is she is doctor and can do practise from home and easily maintain for herself and also take care of child. She is staying with her parents. please suggest.

Q Slinger (NA)     19 April 2015

How much maintanence was passed?

T. Kalaiselvan, Advocate (Advocate)     29 April 2015

Until she has no adequate source of income to maintain herself, she is very much entitled to maintenance amount from her husband.  This fact provided in the law cannot be denied. Therefore just qualified and not earning commensurate to her qualification will not be a ground to repudiate her claim.  Dont  fish in troubled water, however you can put forth your counter to her claim before the court and make a strong argument justifying your repudiation  lest it should not be understood that you never challenged her allegations.

1 Like

roshuv (Manager)     01 May 2015

Thanks Adv. Chandrashekhar sir and Kalaiselvan Sir,

For excellent explanation.

What I want to understand is , as per judgement by SC for CrPc 125 there are words " UNLESS DISQUALIFIED" .... now this Disqualification of the wife how is it considered by court of Law. Especially Lower courts.

For Eg. If wife mentions in her Petition that she had got a job of 15,000/- but she was not allowed by her In laws to do so (bcoz of such low salary). Now while claiming maint. she says she is unemployed  though highly qualified. Does it proves the intention of intentionally NOT working? 

Or in a nutshell I understand, 99% of the cases how much stronger the Man is , even the case is in his favour, under CrPc 125 Man has to Pay the Maintenance?

Thanks

 

 

 

 

 

 

 

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     01 May 2015

@Roshuv: Your query has an answer in itself.  She was not allowed to work by in laws hence not taking employment is not intentional. Again it is your misconception that 99% cases decide d against men. It is not so, in most of the cases the men side counsel do not represent properly resulting into losing the case.  There are cases where maintenance cases filed by wife have been dismissed.  Lot of external factors also contribute to the defeat.  The merits in the husband's side should have some justification and reasonable.

1 Like

kandarp1986 (techni)     08 May 2015

Thank u for the above very good explanatiins..my case is very similar to Adityas..wife is a doctor earning double than me..i am a govt employee doctor..she is on maternity leave..not working now may b atleast for 3 to 4 months..she has filed for interim maintanence asking 50000 rs monthly for both..how can i pay that much?this is around my gross income..she left me while pregnancy..i hav also filed for divorse..i am ready to pay for child but how the amount is decided? is it totally on judges discertion?.i hav sick mom she have no responsibility?kindly help ..wat can i do to reduce the maintenance amount? what documents i need?can i go to high court if this amount is approved? please help..

kandarp1986 (techni)     08 May 2015

Thank u for the above very good explanatiins..my case is very similar to Adityas..wife is a doctor earning double than me..i am a govt employee doctor..she is on maternity leave..not working now may b atleast for 3 to 4 months..she has filed for interim maintanence asking 50000 rs monthly for both..how can i pay that much?this is around my gross income..she left me while pregnancy..i hav also filed for divorse..i am ready to pay for child but how the amount is decided? is it totally on judges discertion?.i hav sick mom she have no responsibility?kindly help ..wat can i do to reduce the maintenance amount? what documents i need?can i go to high court if this amount is approved? please help..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query