Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kaatu Poochi (Kaatu Poochi&Co)     20 June 2014

Wife refused husband but asking maintenance

I filed RCR case in family court. But my wife has field DVA,125 Crpc maintenance, In that petition she informed not willing to live with her husband. Then how court accept her 125 CRPC maintenance petition. 

125. Order for maintenance of wives, children and parents.

 

(1) If any person having sufficient means neglects or refuses to maintain

Question :

1. Wife refused husband, can she claim maintenance under section 125 CrPc?

2. Husband not refuse wife he is calling wife  mean ready to give maintenance.

3. Her petition she not like to join with her husband but want maintenance how court allow this petition?



 17 Replies

Dr J C Vashista (Lawyer)     20 June 2014

Q 1 Wife refused husband, can she claim maintenance under section 125 CrPc?

A. She has refused what?????

If she does not want to stay with husband, she is not entitled for maintenance.

Q 2. Husband not refuse wife he is calling wife mean ready to give maintenance.

A. Reverese of Q 1

3. Her petition she not like to join with her husband but want maintenance how court allow this petition?

A. As in Q 1


 

2 Like

laxmi kant joshi (instructor)     20 June 2014

if she had refused to live with you in response of your rcr and in her maintenance petition but if she give the sufficient and adequate reason for that as she had already filed her DV case against you then she will get maintenance .
1 Like

satish bhaskar (Litigant)     20 June 2014

Wife can file such petitions under the law. It is common practice in such to say things I wish to stay in matrimonial home to appeal to the court's sympathy even if she has harbored ulterior motives. Then add that she fears threats if she stays in matrimonial home. Petitions of full of fairy tales and vague stories. Things are decided in the main trial period which can go for years. In Dv dates will be faster. Present your side through a good lawyer and contest. Think of it as a game. Maintenance will be given on the basis of facts available or not, assumed status etc. It can vary from magistrate to magistrate too.

1 Like

Kaatu Poochi (Kaatu Poochi&Co)     20 June 2014

What what does the following link mean? Is this applicable for my case?

 

https://mynation.net/docs/1645-1978/

https://www.dnaindia.com/mumbai/report-no-maintenance-if-you-ditch-spouse-sans-valid-reason-bombay-high-court-1958788

No maintenance – If wife refuse to stay with husband

https://mynation.net/docs/1645-1978/#sthash.xU6FsECf.dpuf

satish bhaskar (Litigant)     20 June 2014

It means that an improper refusal on the part of wife to live with her husband has been proved.

Those are cases in which trial is over.

In your case it is ongoing. If the circumstances of your case match in the magistrate's eyes then you will get benefit.

If magistrate thinks your case is different then it may not apply to your favor.

an improper refusal on the part of the wife to live with the husband has been proved - See more at: https://mynation.net/docs/1645-1978/#sthash.xU6FsECf.53mZL9h6.dpuf
an improper refusal on the part of the wife to live with the husband has been proved - See more at: https://mynation.net/docs/1645-1978/#sthash.xU6FsECf.53mZL9h6.dpuf
an improper refusal on the part of the wife to live with the husband has been proved - See more at: https://mynation.net/docs/1645-1978/#sthash.xU6FsECf.53mZL9h6.dpuf
an improper refusal on the part of the wife to live with the husband has been proved - See more at: https://mynation.net/docs/1645-1978/#sthash.xU6FsECf.53mZL9h6.dpuf
1 Like

Adv k . mahesh (advocate)     20 June 2014

on what conditions she is not interested to stay with you is ascertained by the court and will decide maintenance 

Kaatu Poochi (Kaatu Poochi&Co)     20 June 2014

As per act :

U/S 125 CRPC (a) his wife, unable to maintain herself,

 

No maintenance for Qualified wife – CrPC 125- Delhi HC (attached )

My wife has completed DTED Teacher training still not working, But she can maintain herself.

 

In my case is this applicable??


Attached File : 531119368 no maintenance for qualified wife – crpc 125- delhi hc.docx downloaded: 279 times

satish bhaskar (Litigant)     21 June 2014

Both her refusing to stay and being qualified are points for you to put in front of the court. Then await decision. If in favor, fine. Else you can appeal and get stay etc. in higher court.

1 Like

T. Kalaiselvan, Advocate (Advocate)     23 June 2014

You have been advised properly by many experts, you may follow their advises.  Nothing more to add.

Shreshta R Sandesh   07 December 2015

One of the cases which I am dealing is also of similar circumstance. Wife is a practising Lawyer and Husband is a IT professional. I am representing the case on behalf of  the husband. In that case, wife deliberately left the husband's home, went to her father's house and was staying. However filed 498 A case on husband and husband's family members, DVC case, maintenance case and so on . She wisely created records in such a way to prove to the society as if husband has neglected to take care of her and she started alleging that there is demand of dowry during marriage and she met with dowry harassments in the hands of in-laws. Society started believing the same. She being an Advocate because of her attitude  forced the husband to file divorce. Then her arguments for seeking maintenance become strong still more. The husband's case in the lower courts were dealt by different advocates of the same bar association. As the wife is also from the same bar association practising advocate, she easily influenced the husband's advocate not to represent him in the courts as a result of which ex parte decrees have been obtained against the husband in maintenance case, DV case and unfavourable order in 498 A . The case came to me im this stage. Firstly I preferred set aside applications in the lower courts and the orders have been set aside. I advised my client to withdraw the divorce case filed by him and advised my client to prefer restitution of conjugal rights before the court for matrimoial living as his intention was to live with his wife. Accordingly my client has done so. Later the wife did not turn up to my client and started adopting delaying tactics joining my client in the matrimonial home which eatablished a strong ground for me  to prove it before the court and before the society that it is not my client who neglected to take care of the wife but it is the wife who deliberately avoided staying with my client and so her plea of maintenence should not be accepted. I could establish the genuinity of my client before the court and the case is going on favourably and I am likely to get a favourable order in favour of my client. Please understand if there is truth we can easily establish before the court the unjustice happened anywhere. So please dont leave the hope. Dont be scared in facing such as criminal tactics adopted by the other spouse. TRUTH ALWAYS TRIUMPHS

1 Like

Jake2882   17 April 2020

This is a court issue why don't you go there and try to solve it in a legal way. More you can talk with top uk essay writing services so people can understand why it is important to go for legal things but on the other things.

Guru Guide   19 April 2020

Wife generally has upper edge for claiming maintenance. However, still depends upon the grounds of divorce.

Flim Star Look   31 May 2020

the information you provide on this website has helped me tremendously. Thanks for all
of your time & work. Urdu Novels Pdf

 

Rahul   11 June 2020

No Wife shall be entitled to receive an allowance from her husband under section 125 crpc if without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

For more information, please visit : Law YeShopy


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query