Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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s kumar (not)     13 July 2015

To save my self from crpc 125

I am a businessman and my wife is a housewife and last 9 months we live seprete, one son 4yr od live wth wife, I want to save myself to CrPC 125. If I close my business and reopen same kind  of business at same place in my father's propritorship then as on papper my income will be nill. Then what court can give order for interime maintenece or permament maintenence if my income will be nill ? What court can attach my father's business or property with me if i live with them and give her any relife from that prorerties ?



Learning

 13 Replies

sandykrish (Interested in Family LAW)     13 July 2015

What sort of criminal husband you are, you can't escape from maintenance.

Jayashree Hariharan (Advocate)     13 July 2015

even then you will have to pay maintenance to your wife and son.

Dr J C Vashista (Advocate)     14 July 2015

Sorry, no escape from payment of maintenance to your beloved and estranged wife with your son. Whether working or not, engaged in any business or profession, in rail or jail, you are legally, socially and morally liable to maintain them.

Biswanath Roy (Advocate)     16 July 2015

You are out and out a 'STUPID'.  Section 125 Cr. P.C. is a criminal provision of law and you are planning to evade your legal liabilities contained therein and to fructify such purpose you are soliciting our expertise legal opinion, just to put us within the fold of your criminal conspiracy so that we can abet your offence and go to jail.

Born Fighter (xxx)     17 July 2015

without getting into morality of right or wrong, if you start business in name of your father and declare your income as Nil. You still have to pay maintenance to your child AND/ OR Wife, However the quantum of maintenance would be minimum to tune of say 5k as court will ask you to work to enable you to pay maintenance considering you as able bodied individual. Certainly it would not be as high as in case you show your own income. However you should morally take responsibility of your child's maintenance.

 

s kumar (not)     17 July 2015

Originally posted by : Born Fighter
without getting into morality of right or wrong, if you start business in name of your father and declare your income as Nil. You still have to pay maintenance to your child AND/ OR Wife, However the quantum of maintenance would be minimum to tune of say 5k as court will ask you to work to enable you to pay maintenance considering you as able bodied individual. Certainly it would not be as high as in case you show your own income. However you should morally take responsibility of your child's maintenance.

 

I am awere moraly that I should mainten wife and child, But what awereness of moral can be one side? She gone herself by intentionly after my many request to stop and i was gone to take her back and many times call her to come bake, I could not meet or talk over phone to my child once and now with my wife. What  there where is her moral responsbility? What and why a father can not meet his own son which he born . And many moral and other Q Ihave.  

s kumar (not)     17 July 2015

Here is a bettal of LAW and law give women's unjustfing  extreem power which they use wrongly as all we are awere. Many houses are broken Only becoseof this unjustify and one side gender base law made by our vote banker politicians and wrong thinking and unnessary interfarences of wives family . Any way after all that one thing is that the child who have saffer a lot and life time unrecoverable loss and therefor only we mother and father both are equely responcible, we have not any right to bring our child and put them this type 

santosh mahdeley   05 January 2016

i got married in 14/02/2014, she hardley stay with me for 2 month. baat sirf yeh thi ki. my father in law want me to become a  ghaar jamai, but i refused. phir woh ghar chali gayi. 21/08/2014 ko maine section 9 laga diya but lawyer ke kehne se notice nahin send kiya. 

31/3/15 ko first councelling hua bhopal mahila thane main, but koi baat nahi bani.

jab maine apne lawyer se section 9 ka notice send karwaya to  in law  ne 498a or 406 ka case kar diya, puri family par. 

ladki ka cross bhi karna baaki hai, but woh court nahi aa rahi.

here is my question 

1. cross se pehle agar woh crpc 125 ka maintenance karti hai to, mujko maintenance deena hoga

2. she is physiotherapist she had worked 4 year in hospital before marriage. despite of that i have to pay maintenance to her. 

3. how to save my self from maintenance, 

4. case file main 5 statement aise hai ki. i can prove her she is wrong in cross

plzz help me out of this stuff 

 

 

Aneesh Trivedi (Advocate)     06 January 2016

apka case kam se kam 4 ya 5 saal chalega you can skip form maintencnace your wife did wrong then fight dont give single rupee to her...

jaise sec 09 me law jabardasti kisi ko saath nahi rakh sakta waise 125 me bhi apse 1 paisa bhi koi nahi le sakta..... bahut sare cases hai 125 haar jaane ke baad bhi husband ne rupya nahi diya....

par agar aap galat ho to try to solve the matter fir kismat par chod do..

498fighter   06 January 2016

Irony is that for so many learned people,1000's of people filing FALSE maintenance cases doesn't look like cruelty but the person asking how to skip/deny maintenance is cruel.

vijay (M)     14 January 2016

God did not create man / woman to be a parasite on somebody else.  IMHO maintenance laws should be scrapped completely.  Those giving "Moral" lectures on maintenance should keep their morality to themselvs and give proper advise

2 Like

santosh mahdeley   15 January 2016

my wife, elder sister given a statement that. mera maa baap meri sister ki marriage main  apni hasiyaat ke anusaar shaadi main dowrey diya hai.

  1. can this statement is benifit for me
    1. my lawyer says that, he will lodge private complain againt this statement coz, DOWREY LEENA AUR DENA DONO HE APRAADH HAI
    2. plzz group advice me.

Dr J C Vashista (Advocate)     15 January 2016

What your advocate has suggested/advised is to be believed and proceed.


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