miantainance
Aashish Satpute.
(Querist) 20 October 2009
This query is : Resolved
can husband get maintainance under 125 of crpc?case laws for it?
Adv Archana Deshmukh
(Expert) 20 October 2009
The section clearly provides maintainance for wife, children and parents only. so a husband cannot claim maintainance u/s. 125 cr.p.c. However a husband can claim maintainance u/s. 25 HMA.
Raj Kumar Makkad
(Expert) 20 October 2009
Repeated quarry. Section itself provides this provision. No requirement of citation thereon.
Sachin Bhatia
(Expert) 20 October 2009
Although there is a common law presumption that the husband should maintain the wife, the law does not differentiate claims made by a wife against her husband and claims made by a husband against his wife. The same duty is imposed by statute (law) on a wife, if she does have the financial resources. However, in practice, a man may encounter a higher difficulty to claim financial support from his wife.
Sachin Bhatia
(Expert) 20 October 2009
Husband can claim maintainance under The Hindu Marriage Act, 1955
Sec25- Permanent alimony and maintenance.
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent
n.k.sarin
(Expert) 20 October 2009
repeated query.answer already given.
Adinath@Avinash Patil
(Expert) 21 October 2009
YES,IF HUSBAND IS UNABLE TO MAINTAIN HIMSELF,AND WIFE IS EARNING,HUSBAND CAN CLAIM MAINTAINANCE U/S 125 OF CR.P.C.
Khaleel Ahmed Mohammed
(Expert) 24 October 2009
Yes he is not earning and his wife is working women, then he can claim.
Advocate SK Rohilla New Delhi
(Expert) 20 October 2009
