misuse of section 125 Cr.P.C. by women
shiven sanghavi
(Querist) 18 June 2011
This query is : Resolved
why not the wife's maintenance be disallowed if she is proved guilty of matrimonial misconduct by honourable Family Court Judge by passing a factful remark on her conduct which is in continuation of her first matrimonial misconduct and is amply and profoundly present in the present matrimony as well.
prabhakar singh
(Expert) 18 June 2011
Why did you marry a lady whose first marriage misconduct was so openly and convincingly known to you??????
Please escape sentiments,and ask neatly that you want to ask us here.
Devajyoti Barman
(Expert) 18 June 2011
The finding of Family Court is not enough. You have to prove in this case during trial that she had left the matrimonial home on her own accord.
Only then you could get some relief in the form of avoidance of maintenance of wife byt not the child. if any.
n.k.sarin
(Expert) 18 June 2011
Wife is the responsibility of husband.she has right to get maintenace from husband. There is no escape from maintenace in law.
Santosh Goswami,Advocate
(Expert) 19 June 2011
Dear client
You may allege misconduct on the part of wife but the point is you have to prove that such misconduct dis entitle her to any maintenance which means that the wife didn't perform her marital obligation as required by law.
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Arun Kumar Bhagat
(Expert) 19 June 2011
Only refusal to lead conjugal life shall disentitle the wife for maintenance claim.
