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mitesh (prt)     04 June 2011

maintenance

In case if wife has lives in home of father after dispute and five months have passed. If she files petition U/s 125 for maintenance, from which date the maintenance shall start i,.e from the date  of petition or from the date on which she has gone to her father's home ?



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 2 Replies

Nirupom Dutta (advocate)     04 June 2011

Section 125 (2) of Cr.P.C provides that maintenance or interim maintenance and expenses of the proceeding shall be payable from the date of order ,or, if so ordered from the date of application as the case may be.

Praveen Kumar (Not working)     04 June 2011

125 maintenance in general is paid from the date of order, but interim maintenance is paid from the date of application

better prove that she has deserted you and you are willing to keep her (if thats the story) or find out if she is capable of earning. if she is found capable of earning the court either may not give her maintenance or very less maintenance


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