Maintenance - crpc 125
Singh
(Querist) 27 December 2012
This query is : Resolved
Sir
My wife deserted me on Oct 12, 2011. She filed a complaint against me in Nov, 2011. After one year in Sep 2012, F.I.R u/S 498A, 406 got registered against me.
My wife had been doing job when she deserted me on till Nov, 2012.
Now she has purposefully left the job around 1 year after desertion (2 months after I got F.I.R), went back to her hometown (Earlier was residing at her Job place) and has filed maintenance case U/S 125 against me.
Sir, will I have to pay maintenance here as she left the job purposefully. Plz guide.
ajay sethi
(Expert) 27 December 2012
no . but you have to show that she is well qualified and was working earlier . it would also depend upon your income
Devajyoti Barman
(Expert) 27 December 2012
Unless you could prove her present employment you could not avoid her maintenance.
Previous employment is not taken into much consideration by court while deciding maintenance in benevolent legislation like section 125 crpc.
Singh
(Querist) 28 December 2012
Sir
In my case she was working even 1 year after she deserted me. She was also working when F.I.R got lodged against me.
She left the job later.
Kindly suggest
ajay sethi
(Expert) 28 December 2012
take the plea that your wife was working and she is highly qualified .
