Crpc 125 decre possible without justcause?
jaya
(Querist) 18 April 2012
This query is : Resolved
Dear sirs,wife allegations r dowry harassment,gold sold &necked her away.3yrs desertion.interim paying for both wife and son for 2 months of consummation only.real facts r she want to get me to her house leaving my parents.not withstanding to my offer to maintain if she comes to my house & her desertion is it possible for fc judge to decre who is unemployed wife without just cause as my advocate said.how it would justify in favour of husband?can it make any difference by not prove,disprove?
V R SHROFF
(Expert) 18 April 2012
Usually 125 mtn to wife & children are not denied.
Other relevent fact affects Amount .
Devajyoti Barman
(Expert) 18 April 2012
SORRY YOU HAVE TO MAINTAIN YOUR WIFE AND CHILDREN IF SHE REMAINS UNEMPLOYED.
Even proof of her desertion would not give you much protection.
Raj Kumar Makkad
(Expert) 18 April 2012
It is the legal liability of the husband to maintain his wife til she remains unemployed or has lesser income not sufficient to lead life at par with her husband.
Shonee Kapoor
(Expert) 18 April 2012
I disagree with other experts. The problem can be seen in two stages.
1. Interim maintenance would be granted to wife and kid, on the basis of affidavit.
2. Final maintenance would be subject to her proving her story, if she is unable to prove that she has some genuine cause to remain away from you, the same can be denied. However, in such scenrio also, the court would grant maintenance to the child
Always try to run Maintenance cases fast.
Otherwise you would keep on bleeding.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 April 2012
Every wrong has a remedy but the same are not scouted properly and than laws, procedures and courts are blamed.
Significance and mischief of maintenance application is not taken seriously at initial stages and when it becomes reality / final nothing can be done.
Salaried person must use RCR cleverly and others must also use all the evidence of no income.
Some HC have taken the view that 1) a person can at least earn minimum wages, here offer yourself to work and throw the ball in the court of other side. 2)Business income is assumed without evidence. Here also offer the business to be handed over to the other side and be ready to work on compansation .
Do not imagine it will happen since other side will have cold feet and you will drive home your point.
