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Victim498A (Resource Manager)     15 August 2014

Scope of 125 crpc

I wish to inform the forum members that, I was acquitted in 498a case which happened with only with the support of this forum.  

 

I specially thank Mr. Yogesh Nayyar who guided me very well in terms of preparing petitions and arguments.  This forum helped me in getting suitable judgments.  Thanks you very much for the support.

 

 

 

Now facts 125 CrPC case are:

 

My wife filed 125 CrPC petition after filing 498a and DVC respectively.  She did not leveled any allegations leveled in her complaint to police u/s 498a and alledged acts of Domestic Violence leveled in her application to Protection Officer under PWDV Act.

 

She filed her application for maintenance u/s 125 CrPC alledging the respondent frequently neglects by not providing food, shelter etc., which attracts section 125 CrPC. She not leveled any allegations relating to dowry harassment or show pendency  of 498a in her application.  She is not even leveled the allegations leveled in her application to PO under PWDVA nor mentioned pending before respective court.

 

In my counter i denied all allegations and mentioned that the inconsistent pleadings in her cases shows that the petitionerliving seperately without sufficient reason and she is not eligible to receive maintenance u/s 125(4) CrPC.

 

Later during the trail she filed her chief evidence affidavit sidelining all her allegations leveled in her petitions u/s 125crpc. She mentioned her occupation as private service and the same is admitted in her  Even basic pleadings like I am not earning, unable to maintain etc.,  During the cross established all contradictions  and almost she admitted the inconsistencies.  Her evidence is only her sole testimony and there is no supporting evidence. Later my evidence also completed.

 

Now my question is Section 125 CrPC is saying:

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, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

A Magistrate of’ the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate1[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::

(4) No wife shall be entitled to receive an 4allowance from her husband under this section she is living in adultery, or if, without any sufficient reasonif she refuses to live with her husband, or if they are living separately by mutual consent.

 

When section is saying upon such proof of neglect, and absence of proof of neglect under Indian Evidence Act (her deposition) is petition is maintainable?

 

There is no special provision in this section for granting maintenance to children even in the absence of proof of neglect and refusal?

 

My point of argument in this case is, the above petition is not maintainable under above circumstances, the maintenance awarded in DVC is final even for children.

 

Please help in supporting my contention whether I am right or wrong.

 

 

 

 

 

1. Yes minor(s) are eligible for maintenance under S. 125 CrPC.

2. Concerned Court has not yet dismissed her Application under S. 125 CrPC ; right!
3. You saying that it is not maintainable before me does not count as no Order of concerned Court is mentioned herein.

4. To rest of your questions before me, first get your facts of the case right and then come here to seek reasoned replies.




Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     22 August 2014

By you above post, you have not asked the relief or wha tyou want to clarify, specify.


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