Maintenance and neglect
Guest
(Querist) 01 August 2013
This query is : Resolved
Husband and wife gets married in December 2009. Till year july 2011, husband and wife stays together. like normally happens, wife leaves husband's house in july 2011 and starts staying at her paternal home. November 2011, Husband files for divorce and january 2012 wife files for CrPC 125.
for CrPC 125, two conditions are required which are wife unable to maintain herself and husband inspite of sufficient means, neglects to maintain wife.
in above case, when it comes to husband neglects to maintain wife, which time period will be considered, is it from December 2009 to July 2011 or December 2009 to January 2012.. including the time period , post july 2011 when wife left matrimonial home without reason.
please help
Advocate M.Bhadra
(Expert) 01 August 2013
Cr.P.C. 125.
Order for maintenance of wives, children and parents.
Order for maintenance of wives, children and parents. (1) If
any person having 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 rate not exceeding five hundred rupees in the whole, as such
Magistrate thinks fit, and to pay the same to such person as the
Magistrate may from time to time direct :
Provided that the Magistrate may order the father of a minor
female child referred to in clause (b) to make such allowance, until
she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of
sufficient means.
Allahabad High Court
Basant Lal vs State Of U.P. on 8 February, 1995
Equivalent citations: 1996 CriLJ 69, I (1995) DMC 507
Author: K Sharma
Bench: K Sharma
The absence of reasons for ordering the payment of maintenance from the date of the application cannot justify denial of the rightful and lawful claim for maintenance from the date of the application which vested in the claimant under the law. Therefore there appears to be no alternative accept to strike down this obnoxious, increasonable, arbitrary and unfair contained in Sub-section (2) of Section 125 Cr.P C. I. therefore, clearly hold and declare that Sub-section (2) of Section 125 Cr.P.C. is ultra vires of Article 14 of the Constitution of India and it cannot be pleaded as a ground to challenge the validity of the order of maintenance directing its payment from the date of the application.
Guest
(Querist) 01 August 2013
Dear Bhadra Sir,
I think I am misunderstood in my query.
i was asking something different.Husband had taken care of wife when she was with him. However, after she left her matrimonial home,husband didnt contact wife and didnt pay any money. so can this be construed as neglect from husband under CrPC 125? Also, contact was not there as wife had file criminal case against husband
Nadeem Qureshi
(Expert) 02 August 2013
its depend on the facts and allegations, contact a lawyer personally
Rajendra K Goyal
(Expert) 02 August 2013
Totally depends upon facts brought and proved before the court. Neglect would be considered after she left.
V R SHROFF
(Expert) 02 August 2013
Evidence play vital role in deciding Maintenance. Attitude of wife is not considered in case of child mtn.
If no child, Wife must justify residing separately. Otherwise mtn cannot be granted. However, it is a practice that opp lawyer claim false cruelty, and Judges are under instruction (practice jt decided as guideline)to provide app 5k p m to wife.
Time Period: On date of Application & wef it.
Only under strict proof that mtn be reduced to bare minimum.
