Is it mandatory to produce Income proof to file 125 Cr.P.C?
Aruna
(Querist) 21 March 2010
This query is : Resolved
I want to know from experts Is it mandatory to produce Income proof of Husband to file case u/s 125 Cr.P.C? What if wife is not aware of what Husband is doing or if he is unemployed?
Kiran Kumar
(Expert) 21 March 2010
to maintain wife is moral as well as legal duty of a husband, if u need to get higher amount of maintenance keeping in view your status and the income of the husband then certainly some sort of evidence is required to be brought on record.
however, the burden is also upon the husband to prove that he is unemployed.
Devajyoti Barman
(Expert) 21 March 2010
No it is not mandatory to file salary proof. In any case the unemployment of the husband is no defence as it is his bounden duty to maintain the wife irrespective of his means unless it could be proved that wife has got sufficient means to maintains herself or has left her marital home on her own accord or living an adulterous life.
Sachin Bhatia
(Expert) 21 March 2010
No it is not mandatory to file salary proof.
Adv Archana Deshmukh
(Expert) 21 March 2010
If a husband neglects to maintain his wife, he is bound to pay maintainance to her even if he is unemployed, an insolvant or a begger. What matters is that the husband is able bodied, he is physically and mentally capable of working. The nature and proof of employment will help only in deciding the quantum of maintainance.
bhupender sharma
(Expert) 21 March 2010
if he is unemployed there is presumption in law that the person might be earning at least minimum wages under the minimum wages Act and the quantum of the same is decided.
Swami Sadashiva Brahmendra Sar
(Expert) 22 March 2010
