VENKS (S) 06 October 2011
Hi,
I had come across a Supreme Court judgment u/s 125 CrPC where it was held that the jobless husband can pay the maintenance in the future when he has sufficient means to pay.
I remember that this case is related to a Muslim Husband and wife. But I do not remember the case number or the parties name.
Can anyone please help me by providing Citation?
Thanks.
Shailesh Kumar Shah (Advocate) 06 October 2011
search at www.indiankanoon.org, you could find it.
satish (EXECUTIVE) 07 October 2011
Shailesh ji
tried searching @ www.indiankanoon.org, could not find the correct one. pleae help / give some guidance to serach the correct case.
Thanks and regards
Satish
Tajobsindia (Senior Partner ) 07 October 2011
It is not Hon'ble Apex Court which said so, there are few of the State's HC which says so !
Some of them are placed here for persuasive pleadings..............
1. THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Amal Mukherjee
versus
Pranati Mukherjee & Anr.
C.R.R. NO. 399 of 2007
In the case of Md. Jahangir Khan Vs. Mst. Manoara Bibi, reported in 1992 Cri L.J. 83, a Division Bench of our High Court held that the future salary not being a tangible corporeal property the same cannot be attached for recovery of the arrear maintenance.
2. As off topic "CrPC S. 125 is meant to serve as a tool to prevent destitution. Highly qualified Indian women have been harassing their husbands by filing these cases to sit on their butts and collect healthy tax free pay checks.
Justice Dhingra of Delhi HC has turned his attention to putting an end to this malaise of laziness. This judgment embodies everything that can be done to end the abuse of CrPC S. 125."
Attched in PDF file format are views of Jstc Dhingra on purpose of S. 125 CrPC
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