CrPC 125 maintenance demands

My independent views on your presented vriefs;


1. Since the property is in joint name she can basically ask for residence rights that also under DV The Act and not under S. 125 CrPC.  Under S. 125 CrPC if she is without shelter than as per status of spouse she can be given maint. for a shelter but not actual possession and/or residence rights. Your financial transaction relating to this property in question is helpful if pleadings go well.


2. Why not file for civil injuction in the meantime if you aprehending some mischief frm her side?


3. What basically will go aainst you is the "status" part and nothing more but then she will cause damage by getting maint as per status of spouse that is all.


4. At the far end the bone of contention for arriving at a resonable settlement amoutn in favor of her will be this property so let it litigate as object of compromise lure / desire for her for that "mediation" date :-)


Suggest to search for a Ld. member from LCI databse as per your location and let him / her handle your interest expeditiously in such catch 22 situation.


ATB, rgds.

Cr. P. C 125 proceedings are just for grant of maintenance only ............. and there is a limit on the maintenance amount which varies from state to state ..... she cannot claim any exorbitant amount ..... 

As far as the Flat is concerned ..... since it stands in joint names .... she cannot dispose it off solely ..... you can always prove by documentary evidences the amounts that have been paid by you towards purchase of the Flat ..... that ur wife has not paid anything etc ....

CHAPTER IX

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

 Section - 125.

Order for maintenance of wives, children and parents.

125.Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

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1 Subs. by Act 45 of 1978, s. 12, for "Chief Judicial Magistrate"

(w.e.f, 18-12-1978).

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(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct :

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

Explanation.-For the purposes of this Chapter,-

(a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875); is deemed not to have attained his majority;

(b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due :

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him,such  Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation.-If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.

(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

thanks ... how does onw prove the capability/incapability of being able to provide for spouse? In this case she has asked for 1/3rd of defendent's income, which has been put thru an affidavit at a much higher level than what it is. Defendent claims, quite rightly, that he saves only 10-15% of what the demand is!! how can this be proved?

Thanks for the detailed guidance ... defendent is ready to buy a property in the petitioner's hometown for the petitioner which will be a decent sized one in a decent locality .. but there is no agreement on the size or locality ... how can this be resolved? Petitioner wants "bigger & better" ... and is not ready to compromise an inch ... any way out?

Interesting ‘innocent” afterthought que.  

This asked situation is called “Arab’s tent and Camel story” where a Bedouin gives afterall to camel’s rights one day J A Bedouin tent is customarily divided into two sections by a woven curtain, known as a ma'nad. One section, reserved for the men and for the reception of most guests, is called the mag'ad, or 'sitting place.' The other, in which the women cook and receive female guests and also stay put, is called the maharama, or 'place of the women.' This is what you are already giving into so why ask further help?

The above Arabian tales have parallel in Indian mythology where there is a saying “Once you get an elephant you have to make the DOOR bigger and bigger JJJ “


Since you are already planning to give in to maharama (see opening sentence for illustration n tally with your last 2 innocent messages) so what can be guided further here! However, since you took pain to further ask then the best way is to file a “clarification affidavit” of your income and what all goodies you provided HER with other than these gyan the question has limited further appeal to me hence closing on it from my side.

Well, all the best, Rgds.

Interesting choice of anecdotes ...

The defendent's expressed wish is and always was to settle amicably, but there seemed to be no mutual agreement on the how's of it.

What followed this stale mate was this petition and the exorbitant demands .. Anyway, thanks for taking time to provide guidance.