Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ganesh0001 (govt servant)     24 June 2015

Maintenance under sec. 125 cr.p.c

wife put cruelity case, Got divorce with out any maintenance. She is working as clerk in Nationalised bank with Rs. 20000/month. my salary rs. 86,000. Take home is Rs. 52000. These are produced in the court. She has filed crpc 125 in year 2013 for the maintenance of kids each Rs. 10,000/month (2 sons aged 5 & 9 yrs with her in karnataka) she is not even allowing to talk to them. I'm at hyderabad. I want to see the welfare of the kids. I like to know how they will fix the maintenance amount and how much. will it be fixed from year 2013 with arrears. shall I get at least visitation rights in (crpc 125) case. Please advice how to go about this case... Thanks in advance.



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 38 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 June 2015

) A legitimate or illegitimate child may claim maintenance from his or her 
father or mother so long as the child is a minor. 
(3) The obligation of a person to maintain his or her aged or infirm parent or 
daughter who is unmarried extends in so far as the parent or the unmarried 
daughter, as the case may be, is unable to maintain himself or herself out of his 
or her own ealnings or other property. Calculations are depend upon parents income and age of the child.

 

valentine (Advocate)     24 June 2015

Wife can also claim maintenance till she remarries or is unable to maintain herself.

stanley (Freedom)     24 June 2015

@ Author .

1.A working woman having a sufficient source of income is not entitled to maintenance . 

2. As your divorce case has been decided and the order has been passed for no maintenance for her . The reason being she is a working women . 

3. As for the children maintenance is co-extensive and both have to contriute . 

4. As you want to see welfare of the child send a Money order as per your wish and amount to her by registered AD and get the acknowledgement . Keep sending it for the next 6 six months and if she rejects it you can state the same in court . Her case gets weaker .

5. As for visitation with the help of an advocate file a case under gaurdians and wards act in the family court . You being the natural father would surely be granted visitation but its a long process .And if rejected by a lower court as you keep appealing in the high court and than in the supereme court you would surely be granted . if you are in hyderbad  than where is she and the children .

6. In the absence of any injunction order you can just go and visit the children .

Biswanath Roy (Advocate)     26 June 2015

Obligation of maintenence of children lies upon their father and mother which can be determined by the court according to their respective monthly income.

Unless visitation of the child is refused by the mother a person cannot  seek for an order for visitation in the court.

stanley (Freedom)     26 June 2015

I go partly with Roy answers . 

But i disagree with his next sentence " unless visitation of the child if refused by the mother a person cannot seek for an order for visitation in the court . " 

 

The court would seek the circumstances under which the mother wants to refuse visitation . 

Normally the wife in her petition will state that father is Drunkard . 

His nature is perverse towards the child and in a druken state sleep with the child if she is a female .

Father has beaten the child .

Father is insane .

 

In india even  criminals have visitation rights  so why should the above author be refused his visitation rights . He is not even a criminal . 

 

Last mother of the child would shift the child into a far off place into a different state into a boarding school . 

Last of all the wishes of the child would  be considerd by the court . And if the child says she wants to visit the father . than visitation would be granted by the court irrespective of the mother wishes . 

 

Biswanath Roy (Advocate)     26 June 2015

@ stanley,

Go through the case " P. Senthil  vs. R. Sunitha - C.M.A. No.650 of 2007, Madras High Court Judgement  delivered on 30.11.2010." I reiterate my opinion in my previous post.

stanley (Freedom)     26 June 2015

@ Roy 

A case should not dependent upon  citations since every case is different from the other but rather a case should stand  on its own feet . 

i wish to debate as to why the wishes of the child would not be considered if he/she wants to meet the father . And why should  the court grant the wishes of the mother rather than the child .

Biswanath Roy (Advocate)     27 June 2015

I never said anywhere that wishes of the child shall be ignored in case of visitation and custody.  Sorry to say case has no feet to stand on but it is the ingredients on the basis of which a case can be formed. I am sorry to say your  knowledge in English is palpable.

stanley (Freedom)     27 June 2015

Originally posted by : Biswanath Roy
Obligation of maintenence of children lies upon their father and mother which can be determined by the court according to their respective monthly income.

Unless visitation of the child is refused by the mother a person cannot  seek for an order for visitation in the court.

@ Roy 

I must say you have to read your own sentences above and what stand you have taken above  " unless visitation of the child is refused by the mother a person cannot seek for an order for visitation in the court "

I have to presume you are unable to digest your own sentence which you have stated above as though there is no other way and stance to seek visitation .Isnt it misleading to people who come here seeking ways on how to obtain visitation and for knowledge on the concerned topic  . you have stressed only upon the wishes of the mother and nowhere stated about the wishes of the child .There are so many judgements where the wishes of the child is considered and visitation has benn granted . 

with all due respect to your age being 85 yrs and white hair no comments about your change in stance.  

Biswanath Roy (Advocate)     27 June 2015

I once again reiterate that you are a non legal person and that is why you are unnecessarily raising some irrelevant questions which are not conforming with the queries of the author. But I HONOUR YOUR INQUISITIVENESS.

It reveales from the query that the author is interested to know whether he can get benefits of visitation of his children u/s.125 Cr.PC.  My reply is no. Because custody of children and visitation comes under the purview of Guardians & Wards Act.  After Divorce both father and mother has legal right to visit their children if that was breached or prevented by the custodian then and then only Court interferes and enforce visitation by operation of law.

1 Like

stanley (Freedom)     27 June 2015

Originally posted by : stanley
@ Author .

5. As for visitation with the help of an advocate file a case under gaurdians and wards act in the family court . You being the natural father would surely be granted visitation but its a long process .And if rejected by a lower court as you keep appealing in the high court and than in the supereme court you would surely be granted . if you are in hyderbad  than where is she and the children .

6. In the absence of any injunction order you can just go and visit the children .

@ Roy

can you state to me as to what is not legally correct which i have stated after reading the above post which i had replied earlier ..  

what inquistiveness are you honouring of mine .You seem to be going paranoid with my replies and are trying to justify your replies.

Its high time you read the entire length of this thread and posts and what i had stated earlier . Have i not stated to the author of this post that he can apply under gaurdians and wards act and seek visitation .

To me it seems your ego is ruiling over your mind .you seem to get agitated when i try to state the true facts and try justifing yourself of which you are unable to convience me :-). We respect your age of 85 yrs and your knowledge of still being active on this forum.

 

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 June 2015

"unless visitation of the child if refused by the mother a person cannot seek for an order for visitation in the court"

 

- This is absolutely an errant speech.

Biswanath Roy (Advocate)     27 June 2015

Why don't you understand that MY OPINION IS BASED UPON THE GIVEN FACTS BY THE AUTHOR AS WELL AS BASED UPON CERTAIN OBSERVATIONS AND JUDGEMENTS OF DIFFERENT JUDGEMENTS OF HIGH COURT.  It is apparant in the given facts that the Divorcee wife filed a case against the author u/s.125 Cr. P.C. for maintenence of her child in the year 2013. The query of the author in the year2015 is whether in the said maintenence case he can ask for visitation of the child for his welfare.  Firstly, sec.125 Cr. P.C. is not a civil case that can deal with and give an order for visitation. Secondly, if the author goes to civil court for an order of visitation the court will definitely ask him after a lapse of two/three years from the date of decree for divorce why are you eager for visitation of your child allegedly for his welfare ? Why don't you thought for the welfare of your child for last two/three years? The court will put third question have you visited your child within this period of  two/three years but refused visitation by their mother? The court will put fourth question whether you are paying maintenence to your child all along and regularly month by month and till this date?

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 June 2015

Staying aside from the ongoing debate, my opinion is,

 

Since the view of the corrupted judiciary system is on sided, if you are a private employee, please stay some other jurisdiction so that the opponent can't serve any further copy of maintenance execution 125 (3).

 

If she already knows about your employer then change your employer. It is very important for you to focus on your career and another life partner. Have child with another good life partner and be happy

 


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