125 crpc - maintenance

Hello,

Under Section 125 of CrPC, Maintainance can be claimed by wife, children and parents by filing an application before Magistrate.

Hope this answers your query

Regards

Nikitha

Hey!

The wife has a right to get maintenance even if she is earning but In a landmark judgment, the Hyderabad High Court has canceled an order passed by a family court awarding maintenance to the wife by her husband because she has been found to be employed and earns more than him.

BM Ranjit Kumar of Srikakulam district in Andhra Pradesh filed the petition and the landmark judgment was allowed by Justice B. Siva Sankara Rao.

The woman complained to the family court that she didn't have any source of income and was neglected by her husband. The woman requested the court to grant maintenance from her husband because the latter, a lecturer, was drawing a salary of Rs. 15000 per month. He even had his own fixed assets and land properties.

The woman had decided to try the legal route to get an alimony of Rs. 10,000 per month. In her petition, she had even claimed that after marriage, they had been happy only for five days. She claimed that her husband had, from the sixth day on, started suspecting that she was cheating on him and pushed her to commit suicide. The petitioner, however, had opposed the claim and said that his wife had resided with him for 12 days. After that, his appeal claimed, they hadn't continued their married life. He even said that the girl's parents had made her marry him against her wish, as she loved another person. The husband had challenged the alimony since she was gainfully employed and an independent woman. He had further stated that he was unemployed.

The family court had settled the matter by awarding maintenance to the 'ex-wife. The twist happened when Justice Siva Sankara Rao heard both parties’ concerns. Hyderabad High Court found that the wife was still employed and there were no documents or pieces of evidence that showed her termination from service. It was also noted that she was getting a monthly salary of Rs. 20,000. Hence, the court passed the judgment that the husband wasn't liable to pay alimony to the wife.

I hope this answers your query!

Regards 

Pallavi khanna