Does CrPC-125 section applicable...?

Yes, 125 CRPC is very much applicable.

Dear siv,

she has to decide whether she go for 125 or divorce(sec.24,25) or both.

You said wife is not interested for living with husband ?Why ?He gave torture, does you have evidence? who are you ? Husband or .......

You said husband is expressed willingness to maintain wife and you also said that wife is not interested to live with him and you see that husband is cruel (as per Wife ).

Hi Vyas,

Yes, as per wife husband is cruel. Whereas in CrPC-125 if husband is cruel wife is entitled to get maintenacne such provision is not present.

Whereas if wife files divorce on the ground of cruelty then wife will get interim and final maintenance ....everything what ever she gets in CrPC-125 case...

Whereas if husband welcomes wife to join him, then I feel CrPC-125 do not attact to file maintenacne by wife, whereas she can file divorce and inteirm with final maintenance.

Am I correct.?

If wife files CrPC-125 how it is justified while husband is ready to take her and maintain her ? Does any gound that can support wife to file CrPC-125 petition.

yes, under Section section 125 cr.pc. you are liable to maintain her, Under the law even a divorced wife is entiled to claim maintenance till he gets re-marriage from her husband. 

Whereas in CrPC-125 if husband is cruel wife is entitled to get maintenacne such provision is not present.

- READ ONCE AGAIN. IT IS THERE.

 
1. A husband is liable to maintain a wife only if a wife is able to prove grounds as per provision in various Codes / Acts / Sections used to claim maint. further no where in any maint. Laws till date it states that it is her second birth rights (marriage is her second birth) !


2. Agreed a divorce wife is also liable to seek maint. but none of these are devour of facts / merits / evidences please make a note of these procedures of the ld. Courts too.

Wife said she is not interested to live with husband. Since 2 years both are livng seperately. Also wife alleged and filed 498A IPC case on cruelty.

'NOT INTERESTED' & 'CRUELTY' COMPLETELY DIFFRENT THINGS.

'NOT INTERESTED'  IS A LIGHT MATTER, ONE PERSON NOT INTERESTED ON THE OTHER.

ON THE CONTRAY, CRUELTY IE  CIVIL CRUELTY (IN CASE OF DIVORCE) & CRIMINAL CRUELTY ( UNDER SEC 498A OR A DV CASE) BEARS THE DIFFRENCE OF MEANING LIKE HEAVEN AND HELL.

Arup ji

1. DV is in CIVIL pre-assumptions wise (read this as prime facie) of possibilities (read this as probabilities) DOMAIN of what could have happened in between two spouse behind closed bedroom and not at a Criminal Act (read this as cause of action).


2. Legislative wisdom (read it as those core papers of 2003 onwards of Parliament Express committee discussions) is silent on does it cures any "curative provision" and or is it a "remedial provision" when other civil and/or pure criminal “remedial and or curative provisions” does exists in framework of various Family laws?

If you don't give maintainence if your estranged wife doesn't join then you'll get subjected to recurring Contempt and you'll spend time in jail every time you deny her maintainence. The choice is yours. Enjouy jails and eat food free ON THE HOUSE[Provided by the government].

Since its CIVIL, what were the two wearing in the closed room. I mean, modern dresses or star trek type of suits?

This was for TajobSindia.

Yes <bondgirl> I am all ears

1. I also can speak equally good such cheap language in any forum you invite me to. So consider reframing your que. to me for once.

2. Your ans. is 100% wrong in page 1 wherein you said "jail term' If you are a lawyer here then be it known that civil prision is on the expences of wife awarded no matter the default may be of husband.

3. So great gyani <bondgirl> here, if the wife does not fill in the "diet / nazir money' to Jail Supdt. for keeping her defaulting husband in civil imprisonment then he will be released in seconds from the Jail on account of non-payment of diet money by wife.


4. Not convinced then read Kerala HC Judgment on same subject as well as I publicly tell you to refresh your Criminal Law Bare Acts once again Read / with Punjab Police Rules 3 volume Books from your dusty Almirah.

Tajobsindia you are great. Can you lend me your great library for sometime so that I forget about star trek and law? I'm glad you've told the world that Kerala High Court is the real Supreme court. Don't take offense for if you do than I'll have to buy you an ice cream.

Yes <bondgirl>


Seems you have a issue with me, when I quoted one HC reference on Jail term in S. 125 CrPC how they dealt when such issues came before them.

Now;

1. It is your perception not mine that I am telling world that Kerala HC is SC.


2. You beg, borrow, steal yourself lollipops and be noted, I am a self sufficient person - understand.

 
3. Here is a que. for you;

Que.: Tell the world how many S. 340 CrPC pending and or ever disposed on S. 125 CrPC till date by Hon'ble SC?. Parties name too?


Let world see what kind of Jack and/or Jill you are.