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R.p. Saraswat   08 February 2019

maintenance claimed by husband from wife u/s 125

Husband and wife living separately after case under 498a was filed and at hearing stage.Their 2 year old son is in custody of his father since his birth and being taken care very well jointly with grand parents.Husband and wife are working in bank. Husband ‘s salary is 1.5 times more than his wife and has no liability except himself.Now the father has filed case under sec 125(1)crpc for claiming maintenance for the son from his wife . He has claimed expenses for keeping maid and providing food for child but without any proof of expense. He has sufficient income from bank as salary and thus fully capable to well maintain the child.Whether the case is maintainable in court in the light of above facts and case pending u/s 498a , which was filed before this case.a case under sec 13 is also pending in family court.


 3 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     08 February 2019

Maintainable.  The reason is that the responsibility of the child is on both parents and child has a right to live a standard life commensurate to his parents.  It is under S. 125 (1)(d) of Cr.P.C.

Komali K Naidu   02 May 2022

If there were no children...and the wife married to another person and settled in USA....??

Gagandeep Goel (Advocate)     03 May 2022

The petition which has been filed by the husband/father qua The minor child is perfectly maintainable under the provision of section 125 subsection 1 Cr.P.C. and the husband and wife are both duty bound to maintain the minor child as per the standard of living and their earning capacity. Both the parties shall be directed to file income affidavits by the Hon'ble magistrate and subsequently considering the incomes of both the spouses, the court file direct both the parents to contribute towards the expenses of the minor children as per the standard of living of the family members. 

The FIR under section 498A does not Affect the maintenance case in any manner whatsoever except for the fact that the wife was harassed by the husband and his family members as alleged in the FIR and the same is a subject matter of trial.



Gagandeep Goel, Adv

987 220 6969, 88173 00001.

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