counter claim under section 125 crpc
Tarun Kalra LL.M, M.B.A
(Querist) 15 August 2009
This query is : Resolved
wife claimed maintaninace from husband for herself and her minor child, husband is not working , and not earning, wife is working and earining, can husband conterclaim for maintanance from her wife? when wifes application is pending for written statement.
give relevent case laws plz
R.R. KRISHNAA
(Expert) 15 August 2009
I don't think that the husband can claim maintenance from his wife. But he can defend the maintenance application filed by the wife on the ground that he is unemployed and the wife is employed and possess sufficient funds to maintain herself and the minor child.
charudureja
(Expert) 15 August 2009
maintenance has to be provided by the husband irrespective of whether he is employed or not. if he is able bodied and can earn thn it becomes his duty to maintain his family. unemplyoment cannot help him to shun his duty.
section 125 crpc is for maintenance of wife,children and parents. it does not cover husband so husband cannot counterclaim maintenance from wife u/s 125 crpc.
Y V Vishweshwar Rao
(Expert) 15 August 2009
The message of Mr Charudureja is Correct and I endorse the same !
SANJAY DIXIT
(Expert) 15 August 2009
Dear Tarunji,
A husband can't claim maintenance from his wife under section 125 CrPC .Section 125 CrPC deals in the maintenance of wife, children and parents only.
There is also no provision of Counter Claim in CrPC.
If husband still wants to claim maintenance against his wife, he may proceed under Section 24 and/ or 25 of Hindu marriage Act.
BHANU RASPUTRA
(Expert) 15 August 2009
i agree with DIXIT. PL. NARRATE WHAT IS Section 24 and/ or 25 of Hindu marriage Act.
Manish Singh
(Expert) 15 August 2009
yes I agre Mr. Dixit's view.
a husban can claim claim maintenance under hindu lawsn we have alrady discussed this matter couple of months back where it came out that the All HC had ,in one case where the husband was burdened with maintenance of his fragile mother, given maintenance orders agaist wife to maintain her husband.
Guest
(Expert) 16 August 2009
According to the decisions of the Supreme Court and different High Courts liability to maintain wife is first responsibility of husband and has nothing to do with his capacity of earning or whether he is earning or not.
Section 125 speaks of the inability of the wife to maintain herself and does not speak about the physical capacity or earning capacity of the husband to maintain himself or his wife or children.
It is held in the catena of the decisions that wife earning some income also does not disentitle her from claiming maintenance.
neeraj
(Expert) 16 August 2009
To all learned,
Delhi high court's Justice S.N.Dhingra has given a judgment last year where he has put a logical question that if a man is able bodied and his wife is also equially able bodied, then there is no point in feeding the idle sitting wife.
Also it is agreed that law explicitly doesn't taklk about earning capacity of husband but when it talks about wife's capacity (her inability) then it is implititly implied that legislature's intention was to consider a person's capability.
No maintainance law is absolute right of any person (man or woman), only if after genuin attemts, that person is not able to maintain her/him, she/he is entitled to maintenance.
Law is neutral but wrong interpretations made it biased.
Shri Tarun Ji,
For any case laws please search www.indiankanoon.org
Regards.
MANISH
(Expert) 16 August 2009
NO.
The husband cannot claim u/s 125 CrPC, but he can definitely claim u/s 24 or 25 of HMA.
Sachin Bhatia
(Expert) 19 October 2009
Although there is a common law presumption that the husband should maintain the wife, the law does not differentiate claims made by a wife against her husband and claims made by a husband against his wife. The same duty is imposed by statute (law) on a wife, if she does have the financial resources. However, in practice, a man may encounter a higher difficulty to claim financial support from his wife.
Sachin Bhatia
(Expert) 19 October 2009
No need for case law on this point.
The Hindu Marriage Act, 1955
Sec25- Permanent alimony and maintenance.
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent
