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C.Bhargava Sarma (Advocate)     12 September 2010

is Un-Sound mind husband is liable for maintenance U/s 125

If a person is suffering physziophornia is liable to maintain his husband.  He is not having earnings.  Depending on his father.  Mentally un-sound.



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 4 Replies

Shiva Kant Dixit (Advicate)     13 September 2010

Section 125 of Chapter IX of the code of Cr.P.C deals with maintenance of Wives, Children and Parents. According to that (1) if any person having sufficient means neglect or refuses to maintain  (a) his wife who is unable to maintain herself......Magistrate of First Class upon proof of such neglect or refusal, order such person to make monthly allowance for the maintenance of his wife.

The one of the most important ingredient of Maintenance u/s 125 CrPC is " person neglect or refuses to maintain" and for want of this ingredient maintenance can'nt allowed.

In your case aforesaid ingredient is missing, as subject of your problem is in unsound state of mind and having dependence over his father. In my opinion 125 Cr. P.C can'nt sustain.


(Guest)

schizophrenia


(Guest)
no an unsound person is not liable for maintanance his wife.

(Guest)
no an unsound person is not liable for maintenance his wife.

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