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Samitha Prabha (Advocate )     23 May 2010

Maintenance

 

Dear all, 

I'm newly into Law practice.  In one of my case i find, The (Girl) petitioner married since 1.3year seeking divorce and is apart from her Husband since 10months.  The case is at the enquiry stage in the court.  The petition is jus about the cruelty and mental torture and so she wants divorce, the husband though doesnt want to live with her demands for money.  Now is it possible for her to apply for an Interim Application for maintenance from her husband, under sec 125 CrPC, she is working with a private concern.  The husband is yet to file his counter.

My doubt is that as she is working is she eligible for the Maintenance under 125 CrPC and can any one get me some case laws ruling this plz.

Thanks & Regards

Samitha 



Learning

 2 Replies

Unbiased Advice (Advocate)     23 May 2010

 

Cr P C 125. Order for maintenance of wives, children and parents.

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

(a) His wife, unable to maintain herself, or

(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself.

Please see the Underlying Text which would answer your doubt.

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