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suresh (Advocates and Arbitrators)     21 March 2010

Maintenance to Husband

Dear Friends,

                 I have filed a Maintenance Petition against the wife. she is earning and going for a job. Husband is poor and jobless. Even the Hon'ble Judge also knows that husband is poor. Now the judge has informed me to produce citation from Supreme court of any of the High Courts. If Any of our friends know about the citation, please refer to me. Thanks in advance.



Learning

 4 Replies


(Guest)

1. Your question is from HMA or S. 125 CrPC related pls. larify that first.
2. In Delhi last year a veg. seller got maint. from his wife showing her ITR from beauty parlor / creche at home income :-)

Adv Archana Deshmukh (Practicing Advocate)     21 March 2010

Under the HMA a husband can also claim maintainance but not under s. 125 cr pc.

suresh (Advocates and Arbitrators)     26 March 2010

Dear Friends,

                     i have filed the petition for maintenance under section 125 Cr.P.C. Some how it has been numbered. Now the judge asks for citation. please help me in getting the citation.


(Guest)

1. Since an Adv. has filed hence this suit is admitted and if it would have been filed as party in person it would have been dismissed as admission stage itself. Not commenting on your kindself but in general to answer when you say it is numbered.
2. The SC some 2 years back dismissed an Punjab guy's petition on similar grounds when he approached all the way to SC to get relief U/s 125 CrPC so literally only wife / children / parents to a husband can approach MM court for relief under this section.
3. There is a way out here if you can inform if there to be Family Court where this suit is filed? Why I asked becuase even if there is no activity under HMA a standalone petition for maint u/s 24 HMA could be filed using the very Family Court Act but same can't be done under regular matrimonial and or mahila courts as functioning in various districts of India (except JnK)
For clarification on abv. para 3 you may ask more questions but I need to know first if there to be any Family Court there or not?
Rgds


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