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bharat bhushan (lawyer)     20 May 2008

weather wife is entiteled for maintence u/s125 cr.pc after the death of husband plz refer any citation

weather wife is entitled for maintence after the death of husband u/s 125 crpc. pls refer any citation

 



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 10 Replies

Sajjan B G (Advocate)     20 May 2008

Sec.125 of the CrPC is actually enacted to give maintance at the earlist without delay and under this section wife can claim maintance only against husband and not agaist his estate or hairs, the Section very clear on that aspect. In alternative she can claim maintenance from her son if he is earning and not a minor, further neglected to maintence his mother. A wife can claim maintence from estate of her deceased husband under the personal law she belong to.

Guest (n/a)     20 May 2008

send new judgements on 125 cri,pro.code

(Guest)
There is a case law decided by supreme court in 2008 vide which it was declared that wife cannot claim alimony from her in-laws. Try to obtain this case law from website of supreme court or 'scconline'.

m. d. shaikh (advocate)     21 May 2008

it is not possible to claim any maintenance u/s 125 Cr.P.C. against husband as death person is not responsible to maintan her wife.

Guest (n/a)     07 June 2008

yes


after the death of hur husband she is entitled to get maintenance from her in laws if she is Hindu as per Hindu law.There are latest views of Hon'ble Supreme court 


Please Try it. 


 

Guest (n/a)     07 June 2008

no under section 125 of Cr.P.C. wife is not entitled to get maintenance from father in law but if she is hindu then as per Hindu law she is


so many citations and views are .I will post butfirst let me know to which religion she belong.


ASHOK KUMAR DWIVEDY ADVOICATE FAIZABAD U.P.

kumar sachin (lawyer)     07 June 2008

no she can not claim maintenance, but she can claim her share in  property.

Alpika (Freash Lawyer)     10 June 2008

The wife is entitle to get maintenance according to the provision of Code Of Criminal provision. The wife of such deceased person may claim maintenance from his son when he is not minor and the earning one. and if she has no child she will automatically get the property of her husband. 

adv. rajeev ( rajoo ) (practicing advocate)     17 April 2009

All the learned members have given right ans.

sunil pagare (lawyer)     22 November 2009

No wife can't claim maintenance u/s 125. If she is hindu she can claim according hindu law


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