intrim mainantance section 125
Dr. Harrit Jani
(Querist) 05 October 2008
This query is : Resolved
Hello ,
Regards,
I have just studied the case study posted by of Savitri, I have a Query : What in case :(1) Husband and wife had no merital relationship from the very 4th day of marriage, (2) Wife went away with her parrents and other family members taking away allmost all the house hold, appliances, cash, and others in absence of her husband. after three years of marriage, even without informing her husband in either way. (3) The husband became the victim of heart desease and spinal cord desease as well depression under such physical condition was not able to work and earn so lost the job. (3) now still for last five years husband has no income source and totally dependant on his parrents who are again a middle class family and retired father(no pension or any other income)mother is house wife. (4) now after five years wife has filled the application for interim maintanance under 125, before that she has never been in any contact of husband in either way. As husband is not able to work and earn and not earning for last five years. what can be the solution. can honorable court order husband for the allowance or maintainance. What can be the solution and legal guidance for the husband? Please guide.
Srinivas.B.S.S.T
(Expert) 05 October 2008
Sir the irony is that the case will be taken on file and summons will be issued to the Respondent but by a reading of your query it is evident that the wife left the company of the husband without any sufficient cause.
Section 125 Cr.P.C clause 4 reads as follows:- no wife shall be entitiled to receive an allowance from her husband under this section if she is living in adulrty, or if, WITHOUT ANY SUFFICIENT REASON, SHE REFUSES TO LIVE WITH HER HUSBAND, or if they are living separately by mutual consent. As such she will not be entitiled for maintenance. Regards Srinivas BSST
Dr. Harrit Jani
(Querist) 05 October 2008
Thanks a loat SIR, for a prompt responce and guidance. In future If I need any more guidance May I contact you? thanks again.
Jithendra.H.J
(Expert) 05 October 2008
and if she is earning she is entitled for maintainance, if the husband is not earning and he is not capable, he can claim maintanance!
Dr. Harrit Jani
(Querist) 05 October 2008
thanks Jitendra, A Very good point. it is there.
Dr. Harrit Jani
(Querist) 05 October 2008
Hon'ble Experts,
Should please quote judgements of any courts in this concern if posible? or guide me to to get such referances?
Dr. Harrit Jani
(Querist) 06 October 2008
Hon'ble Experts,
Should please quote judgements of any courts in this concern if posible? or guide me to to get such referances?
ARVIND JAIN
(Expert) 07 October 2008
PL VISIT SUPREMECOURTCASELAW.COM
Adv.Shine Thomas
(Expert) 11 October 2008
Husband should prove that he is unable to do any work and that he is living on the mercy of others and has no income also.Otherwise court will pass order aganist him.
Dr. Harrit Jani
(Querist) 12 October 2008
Thanks, All the medical reports regarding husband'illness are there. and as such the husband not working for more than 5 years and living with parants.
