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virtualgod (na)     04 July 2013

Major defense for 125 and biased judges

I am trying to understand how to defend CrPC125. My wife is capable of earning but is not doing intentionally so that she can get more than one lakh a month from me. I have read that judges will give absurd decisions in lower court. She is even asking for 5-6 lakhs of inital damage then more than 1 lakh interim maintenance.

She does not work right now. If the judge agrees to this blatant request, I have heard one cannot even appeal until one starts paying. And judged are quite quick in giving interim maintenance decisions so in one or two court dates, she will start getting interim maintenance. Pleaes help on what to do. I have talked to some laywers, none of them seem to have considerable defense for this. Apparentl is the law so skewed that there is hardly any defense for this if the woman is not working though perfectly eligible to earn?


 8 Replies

Bhuvan (abcd)     04 July 2013


I am not lawyer.


But Section 125 says "unable to maintain herself", doesn't mean that she should be earning. it should mean capable to maintain herself.


so, if you can prove in court e.g. she was earning previously etc. it should work.


but let's wait for some expert advice

KS (OWNER)     04 July 2013

Dear Querist, Give reason of the dispute between you two.Afterwards,any opinion may be expressed.

Adv Archana Deshmukh (Practicing Advocate)     04 July 2013

All these things depends upon facts and circumstances of a particular case and there is no general defence in it. There are many factors to be considered which leads to the final maintainance order and how to deal with such cases to reduce the quantum also depends upon the study of the whole senario and properly presenting your case before the court. 

virtualgod (na)     04 July 2013

dispute is simple. She flew to foreign country after marriage. Due to visa issues, which were known prior to wedding that she will not be able to work easily in this new country. However, she did not like the place and ran away back to INdia. Now she is just trying to squeeze money out of me by asking for money. She has good work experience but is not working. Apart from maintenance, she has filed 498a, 504 506 323, 3/4 dp

I have heard courts will not listen they will blidnly for interim maintenance say that i will pay half of my monthly salary to the woman. I cannot even appeal as even if I appeal she keeps getting maintenance and there is no stay on lower court order in this case.


Kapil Chandna (Lawyer at Supreme Court of India)     04 July 2013

I think you have not consulted any learned counsel, because the matter of fact is that if the wife is educated enought to maintain herself and she is sitting idle just in order to legally extort her husband then it is not allowed by any sense of imagination....Give me a day or two to find some case laws.....


Advocate Kapil Chandna


priti (nothing)     04 July 2013

give details as to wen was marriage done how many years you stayed together? etc etc.

virtualgod (na)     04 July 2013


Marriage was done in second half of 2012. Girl stayed with husband for 2 months only. About one month in India and about 1 month outside India. After that she returned to India because she did not like living outside India.

Filed false 498a, 323 504 506, 3/4, DV and a month ago, Crpc 125 interim maintenance.

What will happen? Why are judged going to behave so badly and not see through the money extortion policy here?

priti (nothing)     04 July 2013

first of all the question arises where u r residing india or abroad?

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