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Sameer12345 (SSE)     07 June 2013

Is income of mother of hubby relevant in crpc 125 by wife?

Is Income of Dependent Mother of Hubby relevant (deciding factor) in CRPC 125 by wife?


Is there any citation of SC?


 2 Replies

Tajobsindia (Senior Partner )     07 June 2013

1.    The relevancy is only limited to ’liabilities’ plea of husband and may get reasoned while deciding maintenance under S. 125 CrPC.

2.    SC citation not required for a fact it is plain evidence r/w rejoinder based.
Husband claims mother as 'liability' in his written statement. Whereas his mother has her own independent source of income. The scheme of award under S. 125 CrPC could be for wife, mother, father and children. Here it is assumed the claim is by a wife. Hence what is left to consider by a ld. Judge is that the respondent’s mother is not a ‘liability’ as claimed via respondent's written statement for a fact it is shown that mother of respondent is having her own independent earning - source of income. 

1 Like

Advocate Deepak Gupta (Lawyer)     07 June 2013

No need oF SC rulling . sec 125 of the Cr.P.C only applicable to husband .

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