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yogesh (will tell you later)     08 January 2014

Seeking judgments denying maintenance to wife u/s 125 crpc

My sister in law filed various cases u/s 125 Crpc as well as under DV Act and claiming maintenance from brother despite of that she has been earning.Please fwd me judgments in which maintenance has been denied to wife under section 125 CrPC by Hon'ble High Court or by Supre,me Court of India



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 January 2014

Dear Yogesh

you should search through goole, nadeemqureshi1.wordpress.com

advocate praveen (prop.)     08 January 2014

Dear,

Your Lawyer will find himself all the judgement regarding 125 or otherwise.

 

regards

Siv (engineer)     08 January 2014

Collect the proofs in support of her earnings... submit them in court through the counter to the petition.... argue that she is earning and her earnings are sufficient to her. No need of judgement if facts are bought to the court....

 

Citations may be useful but not mandotory.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 January 2014

Burden of proof shifter over complainant. The case citation.Supreme Court of India

M/S Kumar Exports vs M/S Sharma Carpets on 16 December, 2008
Author: J Panchal
Bench: R.V. Raveendran, J.M. Panchal

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No. 2045 OF 2008

(Arising out Special Leave Petition (Criminal) No. 955 of 2007) M/s. Kumar Exports … Appellant Versus

M/s. Sharma Carpets … Respondent JUDGMENT

J.M. Panchal, J.

sandykrish (Interested in Family LAW)     08 January 2014

@ Author I second Siv's opinion. Try collecting evidence and while file objections bring this to the court attention and request for call of records under sec 91 of CRPC. Ensure you file your objections strongly with all evidence. Please ensure the court would take into consideration all the factors in arriving at the Maintenance amount.

 

Lets say your brother's Salary is 1,00,000 and your sister in law is earning then court would definitely arrive at 1/3rd amount as maintenance the reason why the court will arrive at this formula is to ensure your SIL's maintains the same social status as your brother.

Lets say your brother is earning 25000 and your SIL Salary is 12 K, then the application will be dismissed.

If both of them have child born out of wedlock even though your SIL is earning good amount, she will be awarded the maintenance citing that child's responsibility has to assumed by husband and wife equally.

 

Now please do that math yourself to arrive where your brother's case fit in

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     11 February 2014

You have to build up case in lower court properly than only citations will help otherwise not.


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