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Cpjoshi   20 August 2009

Maintenance Under Section 125 of CRPC

Sir, I would like to know abt the maintenance under section 125 of CRPC. I got married on Nov-07. My wife is not living with me since August 08 (more than one year). She is under the misguidance of her mother. She is well qualified and did hotel management from a reputed institute and also pursuing MBA from Symbosis. I made all efforts to come back but she wants only money and property from me. When she left she was preganat and she leff her job. I had  bank statements of her where her salary was directly credited. During the one year, I approached her to come back on phone and even visited her regularly. But she denied my request. She took away all jewelry and other belongings. At the time of birth (Mar-09) of baby I paid her Rs 50000 for her medical treatement and apart from this she also took Rs 35000 cash when she left. My child has minor hole in his heart and recomended by doctors to treated in delhi. But even for the sake of child she is not ready to come back . Now she filed a case of maintence under section 125 CRPC . In her petition , She also made grounds of Section 498A and 406. What can I do to avoid maintance . Plz suggest me.

 



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 23 Replies

R.R. KRISHNAA (Legal Manager)     20 August 2009

Dear sir,

The court will order you to pay maintenance.  You have no other go. Though your wife is educated or even may be employed, even in such cases the courts are nowadays granting maintenance.  Even though you may state that you have spent so much for her and for the child ultimately the court will order you to pay maintenance.

You cannot avoid maintenance.

Adv. Deepak (Advocate)     20 August 2009

Dear Mr. CP Joshi, Is she working at the moment?  If yes and if you could prove that she is working or has an independent source of income, then only  you can avoid maintenance.  On the other hand, she has ground of her medical treatment as well as the medical treatment of the child for not doing the job.  In any case, a married man is duty bound to maintain his wife and child.  You can defend the case by saying that you are ready to maintain your wife and child.  But the maintenance may be genuine, considering your income, your liabilities, and her requirement.  However, you cannot avoid maintenance.

Adv. Deepak (Advocate)     20 August 2009

Mr. Joshi,  Since August, 2008, have you made any payment to your wife for herself or for the child or have you taken care of her requirements since then.  This will be a positive ground for the court to order for lesser maintenance.

Cpjoshi   21 August 2009

As far as Section 125 Crpc is concern, It asked abt ability to maintain, Whether petitioner is currently working or not. It doesn't matter. Plz guide me in respect of same

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 August 2009

Mr. C.P.Joshi,

 Maintenance cannot be granted to a person from the person  illegitimate daughter or son

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     21 August 2009

You can file under secton 9 for conjucal rights and it is more than sure she will refuse. Then on the ground of desertion she is not liable for any maintenance. But if she agrees then she has to come back to you.

But till then you have to fight the case of 498 and 406 and got the anticipatory bail for every memeber mention in the compliant.

Your further clarification is welcome at nominal fee at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

CHANDIGARH (INDIA)

We also have branches all over India.

With Regards

Cpjoshi   21 August 2009

If I file RCR under section 9 of HMA , being a greedy lady, she will definately file maintenace case under section 24 of HMA. Can I file a case for counselling for approcahing her to come back. If yes, Can it be benificial for mee

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     22 August 2009

Mr.Joshi, Section 9 is for approaching her to come back to you only.

Your further clarification is welcome at nominal fee at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

CHANDIGARH (INDIA)

We also have branches all over India.

With Regards

Adv. Deepak (Advocate)     22 August 2009

Mr. C.P. Joshi, It is bounden duty of husband to maintain his wife and children as far as he is an able bodied person.  So his ability to maintain has no concern in Section 125, unless he is sufferring from any non-curable disease and has no ability to maintain as he has no ability to earn.  However, husband can defend the maintenance case of wife  by taking plea that she is already earning or she has left the job only for getting maintenance from husband.  Now, under Protection of Women from Domestic violence Act, 2005, even illegitamate children can also be granted maintenace.  First of all, you have to decide yourself whether you want your wife to come back and join you or you want to quit her.  Once this question is answered, then the steps can be taken accordingly.

G. ARAVINTHAN (Legal Consultant / Solicitor)     22 August 2009

 Accordint to law, HUSBAND IS DUTY BOUND TO MAINTAIN HIS WIFE AND CHILDREN - A judgement of Apex Court says a husband to maintain his wife by BEG BORROW STEAL process.

m . adinarayana (joint director)     31 August 2009

Beg-barrow- or steal is wrong quotation who so ever siad as the stealing is punishable again.OK an abled person shall take care of his wife and children.It is accepted in normal conditions. Suppose if a wife a) keeps herself for about two years from husband b) she does not care the call of her husband or his parents c) goes before her husband's office to create a scene just to harass him d)if he were asked to put up papers for resignation due to lack of concentration in achieving targets and e) if he stands on the road in search of job abd relying on his friends for livelyhood-is he still liable for such payment of maintanance? SOME BODY PL  APRISE

krishankmittal (Retired)     01 September 2009

Mr joshi, Pl look into website:- www.mynation.net for the purpose. You will get every thind on the site and there after hire an advocte for the purpose.

krishankmittal (Retired)     01 September 2009

 Dear joshi, Ps lok into the attached site all your quiries will be found here only

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Angad Manwatkar (Advocate)     09 September 2009

Dear Mr. Joshi, section 125 CrPC clearely says that if any person having sufficient means neglects or refuses to maintain his wife then the magistrate may pass an order for maintenance. As u say that she has willfully left u then it is a good defence available to u. You can defend yourself by saying that You've never neglected of refused her to maintain but she should come back to the matrimonial home. Section 125(4) clearely says that wife shall not be entitled to maintenance if without any sufficient reason she refuses to live with her husband.

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