Maintenance - after divorce (ex-party) along with two child male-female
harshit
(Querist) 09 June 2015
This query is : Resolved
Dear sir,
I am harshit from lucknow,UP.first,
I want to brief about my case.
Married in 2001.A female Birth child in 2003.This greedy women Mostly lived in own parent house.Case 125 crpc filed by my wife in 2006,at bnkdist.up.In march 2007,she came after compromise by court. During this period she shows pregnancy and gave a birth of male child.after that she filed a separate 125 crpc case for this male child maintenance.
After 6 month she again went her home,and filed criminal case on me and my family members, 498 a,523,and dowery act etc. I got arrest stay from HC,lko.. Then I filed divorce sec-13a, 2008 at lko. and I got ex-party from family court lucknow, at Lucknow,up, in 2009.Now I got married and wedlock of one male child.
After that, she filed a restoration case, saying i dont have any knowlage abot this case. I filed counter case 340 crpc on this case,This case run upto 2014, and this case also kharij or dismiss, due to filing of counter case u/s 340 sec. and also abcence of her.
The maintinance case of bnk is running stil.Here, I also filed counter case u/s 340 on sec-125 case along with so many contradictory evidence as she given as PW1,PW2 etc.which clearly show that these all cases are fake/furjee.
Due to 340 case , no judge want to take any action against this lady.and henc passed 3 years giving date and only date.I want to decide with permanent alimony. but this lady asking 25 laks. and judje is also fevoring to her. which is just not possile for me.I am giving only 4 laks. but she is not ready and haressing. beacuse i have to go to other dist. for attending case.
I have quarry. Kindly.Kindly tell, suggest and advice me what should I do......
1)-Weather my ex-wife is entitled for any maintenance after divorce.
2)-If the 125 crpc case is fake, then why I should I pay for that.?
3)-I am responsible for only my child, and I want to pay only my child.
4) should I decide maintenance 125 crpc in normal procedure as by court ? with not pressing of 340 sec which filed by me?
Advocate M.Bhadra
(Expert) 09 June 2015
1)Yes she is entitle even after divorce.
2)Once marriage is admitted you have to pay maintenance for your wife and both child.
3)as above to sl.no.2
4)File a Show-cause and defend the case.
SAINATH DEVALLA
(Expert) 09 June 2015
If UR confident that the male child was not born out of UR wedlock,U can opt for a DNA test.When did U file the 340 case?Immediately after getting the expartee decree from the family court,U remarried.U have hurried to get remarried before completely settling the cases against UR wife(I am mentioning the word wife).Even though divorced she is eligible for maintenance not only for herself but also the 2 children.
Go through thr following case history:
DIVORCED WIFE ALSO ENTITLED TO MAINTENANCE :HC
MOHAMED IMRANULLAH'S
COMMENT:
If such amount had been awarded under Cr.P.C., says judge
A decree of divorce obtained by a person, either ex-parte or after effective contest, would not absolve him of the liability to pay monthly maintenance amount to his wife if such amount had been awarded by a judicial magistrate by invoking Section 125 of the Code of Criminal Procedure, the Madras High Court Bench here has held.
Justice M. Venugopal passed the ruling while disposing of a criminal revision petition filed by a Tuticorin shopkeeper challenging an order passed by a judicial magistrate in Tiruchendur on July 21, 2011 directing him to pay Rs. 2,000 a month to his estranged wife. The petitioner claimed immunity from paying the amount on the basis of a divorce decree obtained by him on August 14, 2009.
Disagreeing with the plea taken by him, the judge pointed out that Section 125 of Cr.P.C. empowers a judicial magistrate to direct an individual to pay monthly allowance for the maintenance of his wife, children (both legitimate and illegitimate) and parents if there was sufficient evidence to prove that he had either neglected or refused to maintain them.
An explanation appended to the provision defined the term ‘wife’ to include even a woman who had been divorced by or had obtained divorce from her husband and had not remarried. Further, Section 127 of Cr.P.C. states that a maintenance order could not be altered unless the woman had remarried or given up her claim voluntarily or agreed for receiving a lump sum amount as per personal or customary law.
Therefore, “Divorce per se is not a ground for alteration in maintenance allowance and a decree of divorce obtained by the petitioner on the ground of desertion cannot affect the order of maintenance under Section 125 Cr.P.C.,” the judge said and directed the petitioner to pay entire arrears of maintenance amount to his wife within six weeks.
Stating that generally a woman, having no independent means of income, was entitled to one-fifth or one-third of the husband’s income, the judge said that in the present case, the petitioner had failed to prove that his wife had sufficient means to maintain herself. On the other hand, there was sufficient evidence in the present case to prove that the petitioner had neglected to take care of his wife.
One of the witnesses before the lower court had concurred with the claim made by the petitioner’s wife that he had asked her to live in a thatched shed without toilet and electricity supply despite having sufficient means to provide a better housing. Even the petitioner himself had admitted that he never use to bother whether his wife had taken food or bath.
“From this, it is quite clear that the petitioner had not evinced interest about her daily needs or welfare. The petitioner/husband has not performed his matrimonial duty of attending to the needs of the respondent/wife in this regard,” the judge observed. However, he reduced the monthly maintenance amount to Rs.1,500 as the shopkeeper was suffering from a physical abnormality.
harshit
(Querist) 09 June 2015
Dear bhadra sir.thanks.but what is show -cause ?
harshit
(Querist) 09 June 2015
Dear sainath sir.thanks. pls.dont mind.U hv told me a a duty of husband etc. But wt abt a wife.? Suprimcourt has said "husband is not a ए टी एम machine".
malipeddi jaggarao
(Expert) 10 June 2015
The experts have given the author sufficient inputs. It is for him to act upon.
V R SHROFF
(Expert) 10 June 2015
I have quarry. Kindly.Kindly tell, suggest and advice me what should I do......
1)-Weather my ex-wife is entitled for any maintenance after divorce.*YES*
2)-If the 125 crpc case is fake, then why I should I pay for that.?*IF COURT ORDER, U HV TO PAY*
3)-I am responsible for only my child, and I want to pay only my child.*LEGALLY U R FATHER , SO HV TO PAY FOR CHILD BORN DURING WEDLOCK PERIOD*
4) should I decide maintenance 125 crpc in normal procedure as by court ? with not pressing of 340 sec which filed by me?*U CAN'T DECIDE PROCEDURES*
SAINATH DEVALLA
(Expert) 10 June 2015
Though Even in ATM Machines U have limitations,U can draw only as per UR credit balance,the maintenance part for UR wife and child will be decided by the court.
Dr J C Vashista
(Expert) 11 June 2015
I agree with the experts advise, no room left to add.
You are legally and socially liable to pay maintenance to your ex-wife and children born out of this wedlock as decided by the court. However, if you feel aggrieved by the order you may file revision or appeal as the case may be and advised by your lawyer.
harshit
(Querist) 01 November 2015
in continuation of my above query I again request u pls. advice and suggest me-
since divorce had been decided by family court lucknow, which was filed by me at lucknow.but 125 crpc is still pending at other district as in barabanki dist. filed by my ex-wife.On this case I have filed a Perjury case u/s 340 as counter case. but from past 5 years judge has been not taken any action even she has also not filed any reply against this 340 case. Judges are favoring/taking side to this lady and just passing date.
My question is that :
1). Can I file a proposal for permanent alimony before Hon'ble family court barabanki subjecting and praying that this case should be decided under permanent alimony/maintenance Under change circumstances of the case.
2. If I file this proposal, then, under which section I can file.
