125 c r p c new
Tarun Kalra LL.M, M.B.A
(Querist) 21 July 2009
This query is : Resolved
hello sir,
how r u?
there is a case with me for section 125 or crps, i am from the side of respondent boy, the boy is not earning anything, i.e he is workless, and his father sold his parentel (ancent) land for rs 23 lakhs and made a fixed deposit of rs 4 lakh in the name of boy, the wife is living separtly from past 5 years and before 2 years he also took the boy son out of 3 sons of the couple, the father of respondent also submit rs 2lakh in the name of the boy with mother, now the women who was running a beauty parler may be closed the beauty parler or changed the place of work, we dont know, is demanding rs 5000 for herself and the son who is with her, on basis of cruelity and misbehave and demands of dowry from boy side, how we can avoid maintance liblty?
plz guide any authorities on workless boy?
Swami Sadashiva Brahmendra Sar
(Expert) 21 July 2009
In case where nothing is proved regarding earning of parties and husband is a healthy man, the court will asses/presume his income as a daily wage labourer at the rate of minimum wage. it will be @ 3000/- pm in lump sum and it will be apportioned reasonably among him and dependents/applicants.
PALNITKAR V.V.
(Expert) 21 July 2009
If the boy is major, he will not get any maintenance. So far as wife is concerned the husband will have to pay maintenance unless the husband proves that she has sufficient earning or that she is living in adultery or the like circumstances mentioned in the provision itself.
Khaleel Ahmed Mohammed
(Expert) 21 July 2009
File a separate case for restitution of conjugal rights against wife.The maintenance case can be settled out of court.
Sarvesh Kumar Sharma Advocate
(Expert) 21 July 2009
khaleel ahmed says corectly.
if mentinence is your libelty then in family conjugal right is libalty for women.
and if women things that without mainten congul.right she can earn money from her husband then it is not fair.
man is not a mony making meshin.
he has the need of wife.
vinjamuri ranga babu
(Expert) 21 July 2009
dear friend,
there is no such law to avoid maintenance a nd it is bounded duty of the father to loo after his children and wife.so,either spouse can sort maintenance who is having earning capacity. it is not possible to avoid and i am sorry for this type of question from a person who is also having family members and burdens. i advice you that not to give such type of advices to your clients.
vr
