Crpc 125
Alpesh Makkampara
(Querist) 23 February 2014
This query is : Resolved
After filing maintenance case, she will get surely maintenance, whether she is not able to prove allegation.
Facts:
she has filed false desertion case.And also alleged that i was beating her and drinking alcohol, She has also alleged that we had snatched her dowry and other thing and key of cup board. But when she had left home she had taken dowry ornaments(our and there gold and silver) and key of cup board with her. when they(her mother and father) had come for their belonging materials. They had spoken lie that they don't have dowry ornaments and key. This things are here here. After interruption of our lawyer they had confessed that they had taken dowry ornaments(ours and their) and key of cup board with them. we have notary of their confession and photograph of signing notary.
I have one 7 months son also.
These are the facts.
R.K Nanda 
(Expert) 23 February 2014
state full facts.
Advocate M.Bhadra
(Expert) 23 February 2014
SEC.125 Cr.p.C.
Order for maintenance of wives, children and parents.
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,
A Magistrate of’ the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate1[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.
Rajeev Kumar
(Expert) 23 February 2014
State full facts. Bhadra has defines section 125 of cr.pc
ajay sethi
(Expert) 23 February 2014
is your wife working ? what are her qualifications ? if your wife has deserted you did you make any efforts to bring her back .
if your wife is working and well qualified she may not get maintenance .
your wife seems to be making out a case that on your continuous physical assault she had no option but to leave her matrimonial home
Devajyoti Barman
(Expert) 23 February 2014
The case would be first fixed for hearing of petition for interim petition.
During that time if you could not show that she has income of her own, you would be liable for maintenance.
Rajendra K Goyal
(Expert) 23 February 2014
Facts are added later.
In the given situation agree with expert ajay sethi ji and Devajyoti Barman ji.
Biswanath Roy
(Expert) 24 February 2014
Sec.125 Cr.PC can be invoked only in the case of maintenance of Wives, Children and Parents. Such proceedings has no relation with dowry or conduct of the husband or cruelty and harassment to wife. Under this provision of law court will determine the quantum of maintenance to be paid to the wife and child considering the income of the husband as well as life style and status of the family.
Sankaranarayanan
(Expert) 24 February 2014
joint hand with learned friend Mr sethi and barman ji
