RISHI JI 01 February 2022

maintenance 125

CRPC 125 case was pending from 5 years. Evidance affidavit filed by petitioner and partially cross examination done (only 5 or six question). after that Wife didn't attend for cross examination and after giving a 2 year time, judge closed her
evidence.
now my query is-

(1) without filling of evidence on what ground judge will decide the case. or maintenance

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5 Replies

Satyam Anand 01 February 2022

Adverse opinion may be drawn against the wife for her consistent non appearance. However, if the court finds her unable to maintain herself then it may order the husband to give her some monthly allowance which will be in accordance with his own income and standard of living.

Dr J C Vashista (Advocate) 02 February 2022

What is your locus standi to the query ?

Shashi Dhara 02 February 2022

Curiosity ,posted for respondent husband's evidence ,take defence she is not interested and to dismiss the petition.

Aryan Raj 02 February 2022

In response to your query,

Section 125 of the Cr.PC deals with "Order for support of spouses, children, and parents." Section 125(1) allows the following people to apply for and receive maintenance:

Wife from his husband, legal or illegitimate minor child from his father, legal or illegitimate minor child (physical or mental abnormalities) from his father, and father or mother from his son or daughter.

In your case, because your wife failed to appear in court, you can now present evidence in order to be released from the claims the judge will surely take her behavior into consideration when deciding the case. Simply said, you only need to prove your innocence to the court.

Regards,

Aryan Raj