VENKATRAMAN (ASSISTANT PROFESSOR) 10 July 2021

Maintenance case

I was worked as Assistant Professor in private Engineering till March 2019, my wife working as a teacher in a government school. we are married in the year of May 2016 and we are separated from April 2017 to till date. we have one daughter of 4 years old. now I have no job. I am doing a regular Ph.D. so I can not join any institution for work. I am the only son of my parents, they are having high-level medical complications, my father retired, now we are run the family with use my father pension only. in this situation, I have received court notice for the maintenance of my child. please advise what will happen, what I have to do. please suggest

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1 Replies

Shubham Bhardwaj (Advocate) 10 July 2021

Dear Mr Venkatraman,

The notice that you have received is probably u/s 125 Cr PC. This section 125 Cr PC application is filed to make a person pay maintenance for wife, child and/or dependent parents.

Now coming back to the query, please note that not having income is not an excuse under 125 Cr PC. I have seen cases where this plea was taken in trial court and trial court dismissed application but the High Court over turned the trial court order. if a person is able-bodies person then he is duty bound to maintain his wife and child. However, in my opinion this case can be fought on quantum i.e. as less as possible.

Therefore, hire a good lawyer or request the judge to provide you lawyer from District Legal Services Authority if you dont have money to pay a lawyer.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance.