Maintenace under section 125 cr.p.c
SUSHMA YADAV
(Querist) 23 November 2013
This query is : Resolved
If a woman was subjected to cruelty by her husband and his parents for over 10 years. but now she has separated from him with her two children. she has now filed a case against him under section 125 cr.p.c. for maintenance.and there had been some 4 to 6 hearings but her husband did not preset before the court in any of the hearing. and saying that he has no money to pay her wife's and children's maintenance. on the other hand he is threatening to take her children away from her.and now she wants to take divorce from him. my questions are as follows:
1.Can court pass ex-parte decree in a family case as well?
2.once she has filed case for maintenance, Is she require to file separate case in same court for divorce? Is there any other method to get divorce from him by merging the case for maintenance and divorce?
3. If husband does not have any money or property, what will be the result of the case under section 125 cr.p.c?
4. Can husband take custody of children somehow? If yes what are the option to stop him?
ajay sethi
(Expert) 23 November 2013
1) yes .if husband does not appear court can pass decree of divorce exparte
2) in divorce case she can claim maintenance as well .
3)husband is bound to mainatin his wife irrespective whether he has any money or not
4) welfare of child is paramount consideration .court may award custody of children to you . if husband is un employed how can he take care of children .
Advocate M.Bhadra
(Expert) 23 November 2013
Please note the following as per your query;
1)In maintenance case under sec.125 cr.p.c.,if the the husband do not appear then wife may approach for Warrant of Arrest.In Divorce suit Family Court may passed ex-parte order.
2) Suit for divorce to be filed District or Family Court,not in Judicial Magistrate court.Mutual Consent Divorce is the easiest way to get Decree of Divorce.
30 Husband have to pay Maintenance or on default Warrant is the last way in absence of attachment property.
1) Generally minor children may favour of mother,but Court may consider welfare of children.
Rajendra K Goyal
(Expert) 23 November 2013
Well advised by the experts, nothing more to add.
T. Kalaiselvan, Advocate 
(Expert) 24 November 2013
I concur with Mr. Ajay Sethi. If any order passed in maintenance petition, u/s a subsection of the same section, she may file a collection petition in which if he fails to pay or comply , he may be arrested until he makes good of the amount or imprisonment upto one year. This petition to be filed within one year from the date of default in payment. The divorce petition to be filed separately and an interim maintenance also can be sought for in the divorce proceedings, a distress warrant for default in payment of interim maintenance amount can be obtained and may be executed through the District collector/Revenue authorities for recovery of arrears of maintenance amount.
Guest
(Expert) 10 December 2014
Well Advised
Anirudh
(Expert) 10 December 2014
AN YEAR OLD QUERY.
THIS SORT OF GIMMICS WILL NOT WASH AWAY YOUR FALSE AND FRADULENT PROFILE.
THE NEW RIP WAN WINKLE HAS WOKEN UP!
THIS GOOD FOR NOTHING FELLOW IS TRYING TO RIDE ON THE EXPERTISE OF OTHER EXPERTS THAT TOO AFTER AN YEAR!
DESPERATION IS SHOWING ON THIS FELLOW.
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
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Therefore, before taking advice, the querist should be too careful
