Crpc 125

Querist : Anonymous (Querist) 12 June 2010 This query is : Resolved
Sir,
how can Stay crpc 125 file. My wife filed appplication.COurt Order maintance charges 2500 rs p/m.I have already filed application Section 9 HMA still Pending.

ANY Solution Refuse Payment

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ARVIND JAIN (Expert) 12 June 2010
YOU HAVE TO PAY MAINTAINANCE TO YOUR WIFE U/S 125 CR.P.C. IT CAN ONLY BE REDUCED IN REVISION, IF YOU CANT PAY. YOU HAVE TO PAY MORE AND LITIGATION EXPENSES ALSO IF SHE FILES APPLICATION U/S 24 OF HMA.HOW ADVISED YOU TO FILE PETITION U/S 9 OF HMA? WHATS THE USE OF THAT?

Devajyoti Barman (Expert) 12 June 2010
Unless the order of maintenance gets set aside by the Revisional court, you have to continue to pay the amount. The Revisional court while admitting revision stay of the impugned order but subject to payment of maintenance of any amount it thinks fit.
The decree passed in suit filed u/s9 HMA even may not entitle the petitioner to avoid maintenance. So you can understand that it mere pendency would make no help.

Arvind Singh Chauhan (Expert) 12 June 2010
Try these citations if she has applied for maintenance in civil court also.-

Decision of civil court that wife is not entitled for maintenance is binding on criminal courts- Judgment and finding of Civil Court prevails over criminal court. -(Cr.L.J-1986-page-1216)

If civil proceeding for maintenance has been started, proceeding under 125 ought to be stayed- (Cr.L.J. - 1992-page-1845.)

adv. rajeev ( rajoo ) (Expert) 12 June 2010
You have to file a revision petition in the dist., court along with an application to stay the operation of the order passed. UNless the order is stayed or set aside it is bounded duty to pay the maintenance to your wife.

Raj Kumar Makkad (Expert) 12 June 2010
No refusal provision. You have accepted her as your wife in section 9 petition so a major defence has already been lost. It is your liability to maintain your wife. No matter of stay unless you prove that your wife is living in adultery.

SRIKANTH MYLAVARAPU (Expert) 18 June 2010
sir,
u have to file revision petition before the dist court along with stay application.if she is in adultary,she has a sorce of income(employed) then there is a way of dismissing the application of maintainance

Querist : Anonymous (Querist) 19 June 2010
Dear Sir,

If i pay the maintenence payment of wife. can we both together one day or two days in month.can I meet my child. The Judge Had given decision that if wife allow than father (me) meet HIs son.

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