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Rajesh Agarwal   25 December 2021

Maintenance from pensionholder husband

Lokadalat directed husband to pay maintenance to wife Rs. 12000/= P.M. to wife. Husband was paying maintenance as per order. Sept. 2021 husband retired from service and drawing pension and stop paying maintenance to wife. Divorce suit is still pending only. can wife again file 125 maintenance, if yes maintainable? other relief favouring wife to get maintenance? Suggest


 3 Replies

Dr J C Vashista (Advocate)     26 December 2021

She is entitled for maintenance if she is unable to maintain herself as per status of her husband, whether he is in service or retired.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     26 December 2021

Is the Wife employer and/or has her own income and able to maintain herself? The amount being is interim relief before the case is settled.The amount might have been fixed while Husband was in service getting full salary and other emoluments. Since he retired, at present he may not be getting full salary but only a portion of his earlier salary as per the pension rules governed in his organisation. Therefore, Husband may file a petition giving full details of his present pension and other income and based on which the Court may decide the maintenance.

Anaita Vas   21 January 2022

Under Section 125 of the Criminal Procedure Code (CrPC), 1973, the husband is required to provide maintenance to his wife after divorce. If he fails to comply and the wife files a petition within a year of him failing to do so, the magistrate can issue a warrant for levying the due amount.

In Gomaji Ghanshyam Mohadikar vs Yashoda on 13 September 1995, it was said that pendency of Hindu marriage proceedings or civil matrimonial dispute does not bar the proceedings for maintenance under Section 125, Criminal Procedure Code nor the jurisdiction of the Criminal Court in the proceeding under Section 125, Criminal Procedure Code is taken away merely because civil matrimonial proceedings are pending.

In a situation where the husband fails to comply with the maintenance order and doesn’t perform his duty, the court may pass an arrest warrant against the husband in that matter. And in such non-compliances, the court may also attach the property of the husband in order to recover the amount. There are several alternatives to non-payment of maintenance by the husband, that the court may order, to make sure of the compliance of its order.



Anaita Vas



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