J. Gopinath (Freelance writer) 27 June 2011

Clarifications sought on Crpc 125

Hi,

I filed main OP for divorce and IA for child custody in 2006 & 2007 on the grounds of cruelty. Wife got maintenance for self & child vide HMA u/s 24 in Dec 2009, for which I got a conditional stay from High Court in 2010. The enquiry of our side in the interim Child Custody is just over. The other side has filed interim Maint u/s crpc 125.

My income is Rs.3000/- pm. My wife is PG in statistics and have worked as Sub editor, prior to our marriage. Now taking tuitions and working as freelance journalist. I am B.com and working as writer, translater with no permanent income. I am willing to pay a maintenance to my son, who is 7.5 years now.

I am staying in rented house and has been maintaining parents, whereas she stays in her mother's own house (worth 30 Lakhs).

Earlier, other side demanded 3 lakhs as one-time settlement for mutual consent, but, I offered 1 lakh, and they stepped off.

Now I need suggestions/help from esteemed experts on the following, as I am dying to get my IA on child custody & Main OP finished first:

1) I already deposited Rs.30000/- as per Hight Court order and willing to deposit Rs.100000/- in FD toward's my son's maintenance, once and for all. Is this a wise decision?

2) Can my wife refuse this offer and still insist proceedings on Crpc u/s. 125 and drag my petitions as per her whims & wishes? Pls let me know the provisions with regard to one-time payment as per the Act.

3) Can I file CRP under article 227 before the Constitution of India for early disposal of the Main OP & IA for Child Custoday and thus keep the Sec 125 Crpc petition pending?

4) Any judgement citations of dismissal of Crpc u/s 125, wherein Sec 24 was already dismissed or stayed by High Court. (wife is highly qualified and can maintain on her own)

Thanking you in advance for your valuable contributions.

REgards,

J. Gopinath

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 27 June 2011

1. I already deposited Rs.30000/- as per High Court order and willing to deposit Rs.100000/- in FD to ward’s my son's maintenance, once and for all. Is this a wise decision?
Take: In my opinion tell us why one goes to Higher forum (HC). Is it not that he is aggrieved for some Law Point of trial Court Order. So keeping this in framework if HCX says deposit XYZ amount then the counter Husband side should submit not only the DD of such amount but pray for its ‘release’ only if merit points case is lost !
is it 10 L or 1 L ? I think one additional 0 mistakenly typed !!! However no comment son such money matters I practice for a simple reason custody should not be bought it should be adjudicated in favor of righteous parent otherwise tomorrow Ambani will flassh 10 Billion for his son’s custody if ever it goes to court then what shall Mrs. Nitu (or whatever her name is) will do J
Reasoning: One side you are telling us that you are earning 3 K and living on rented flat and other side popping 30 K worth of collateral security before HC, cm’n I can’t believe a husband be able to afford first high prof. fees of Sr. Adv. of HC stature then popping additional 30 K as deposit to hear the case before HC ! See the disadvantage one gets into.

2. Can my wife refuse this offer and still insist proceedings on Crpc u/s. 125 and drag my petitions as per her whims & wishes? Pls let me know the provisions with regard to one-time payment as per the Act.
Take: S. 125 CrPC and S. 24 HMA intent and object are totally opposite and only thing common is usual usage of word “maintenance”. The provision for one time payment is called “Alimony” and it is applicable in both natures of procedure / codified Laws in rem when metro wife’s claim for such. It is also offered by husband to his wife as part of settlement / agreement when MCD is opted for by spouses in litigation.

3. Can I file CRP under article 227 before the Constitution of India for early disposal of the Main OP & IA for Child Custody and thus keep the Sec 125 Crpc petition pending?
Take: Yes, dependent on the procedures followed till date read with daily Order sheet of Guardianships / Visitation concerned Court if your side feels that delay and latches are detrimental to welfare of child then basing such ‘grounds’ under Art. 227 COI such direction can be prayed before Hon’ble HC. However by this I donot mean at all that S. 125 CrPC is to be included in such relief before HC as it is totally different proceedings based on given briefs I say so.

4. Any judgment citations of dismissal of Crpc u/s 125, wherein Sec 24 was already dismissed or stayed by High Court. (wife is highly qualified and can maintain on her own)
Take: There are plenty. Set your ld. advocate on motion to search appropriate one and place on material records and or search here in LCI under Judgment forum and or one apt writer “PC” will give you the link soon if he reads this reply J