Is crpc 125 is absolute right to wife in case of husband is govt employee?
jaya
(Querist) 15 April 2012
This query is : Resolved
Respected sirs,my advocate says that courts generally grant maintenance in favour of wives even without proof of their false dowry allegations and my offer to maintain if she comes to conjugal society in case of respondent govt employee husband.before the i filed for conjugal rights.is he right?thank you sirs
V R SHROFF
(Expert) 15 April 2012
Otherwise also 125 cr pc usually granted, if wife have no income. It have nothing to do or got servants are not treated differently. It is Husband who have to pay mtn to starving wife, who had no income sufficient to mtn herself with her child.
Shonee Kapoor
(Expert) 15 April 2012
Usually doesnot mean always.
And there is no absolute right of maintenance.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 15 April 2012
See if your wife is unemployed then your chances of avoiding the maintenance is almost nill.
The proof of leaving her matrimonial home also these days does not hold much water after the supreme court holds divorce on the ground of desertion is also entitled to maintenance.
Adv.R.P.Chugh
(Expert) 15 April 2012
I agree with the experts. The SC ruling cited by Mr.Barman is really surprising and is against reason/logic and common sense.
prabhakar singh
(Expert) 15 April 2012
If she does not have independent sufficient means of her own to maintain her needs then your advocate's advise is correct in my personal view.
Shonee Kapoor
(Expert) 18 April 2012
even on divorce on fault grounds, some maintenance have been awarded to wives to avoid vagarancy.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
