Wife apply for maintence undersection 151 crpc in rcr
Akhalaque Ahmed
(Querist) 21 January 2013
This query is : Resolved
DEAR ALL,
I HAVE FILLED RCR IN FAMILY COURT. IN REPLY TO RCR MY WIFE FILL MAINTENCE UNDERSECTION 151 CRPC.
SHE IS ALREADY FILLED MAINTENCE UNDERSECTION 125 IN FAMILY COURT.
PLEASE GIVE YOUR DEPTH SUGGESTION ABOUT SECTION 151 AND ALSO PROVIDE RELAIBLE JUDGEMENTS REGARDING THESE SECTION.
AND HOW I CAN DEAL WITH THESE SECTION IN COURT.
THANKS
AKHALAQUE AHMED
Devajyoti Barman
(Expert) 21 January 2013
It is section 125 crpc providing for maintenance to the wife is she is unemployed and not left your home voluntarily.
Proof of living in adultery is also a ground to avoid maintenance.
Akhalaque Ahmed
(Querist) 21 January 2013
BARMAN SIR I KNOW THAT WIFE CAN CLAIM MAINTENCE UNDERSECTION 125. SHE IS ALSO FILL MAINTENCE UNDERSECTION 151 IN RELY TO RCR.
Tajobsindia
(Expert) 22 January 2013
1. Yes, the Court can grant interim maintenance to wife under S. 151 CPC in a RCR case filed by husband.
2. It is that independent of the inherent power of the Court under S. 151 CPC., even under the provisions of the Act itself, by necessary implication, power has been conferred in the Court to grant interim maintenance to the wife and minor children where circumstances so warrant and justify to do justice on a prima facie satisfaction of the case on merits.
3. Ref.:- Garivelli Appanna Vs. Garivelli Seethamma [AIR 1972 AP 62]
4. The law governing grant of interlocutors order under the Code of Civil Procedure is now well settled. Ref.:- Morgan Stanley Mutual Fund Vs. Karhik Das [(1994) 4 SCC 225]
R.K Nanda
(Expert) 22 January 2013
no more to add.
