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chand_2006 (n/a)     03 January 2008

Maintenance in a non-consummated marriage

Sir,
    My marriage took place more than 1.5 years back and we were separated soon, 5 months after the marriage. A few months back in October my wife had filed a maintenance case under Section 125 CrPc. In her petition, she has admitted to the fact that the marriage has not been consummated but gave no reasons for the same .
She is claiming an amount of 20,000/- minimum per month towards maintenance.

My questions are,
1. Under Section 125 CrPc, will the judge consider the fact of non-consummation ?
2.  If I can prove that she had worked even after marriage (but is not working now)
     will it help me in getting the petition dismissed?
3. In the worst case scenario, if the maintenance is ordered to be given, how much
    could the amount be.

I never refused to maintain her. I gave her gifts/presents and tried doinng everything
to make her happy, but she refused to allow me to even touch her.
From the 3rd day of my marriage we began sleeping in separate rooms .

Please suggest sir
Chandu




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 1 Replies

SANJAY (Advocate)     19 April 2008

Dear Chandu Answers for your questions are, Under U/Sec 125 Cr.P.C. maintenance can be granted not more than 5 to 6 thousand. If your prove that she is working right now, yes maintenance petition can be dismissed. If she is not working then you have to give maintenance as per court order U/Sec 125 Cr.P.C M.P. SANJAY Advocate Ph : 9392465234

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