Ajoy kumar 02 October 2016

Maintenance under 125 crpc

For claiming maintenance for wife and two children aged 6 years and 3 years under 125 CrPC, is it not necessary to make the children as party in addition to wife? Or Simply wife can claim maintenance for her children from husband without making the children as petitioner. Brief fact of the case: "Husband filed a divorce suit on grounds of cruelty and adultery. Maintenance granted under HM24 for wife and two minors. On attaining the age of schooling of child husband demanded custody under provisions of GWA and HM26. Wife adopted delaying tactics to prevent decision of these applications. Wife filed petition for maintenance u /s 125 CrPC for herself and minors without declaring minors as petitioner. Is it as per law? " Can husband object the grant of maintenance for children to the wife raising this point?

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Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 02 October 2016

What is the age of your children as on today. Even basing on age you can seek judicial custody of children. As per the above ages of children as on today. She cannot alone file the petition for maintenance it is a small technical defect for not showing the children name. However if you point out that can be rectifi at a later stage.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 02 October 2016

Yes if the children are minor, then the wife can claim maintenance on behalf of them even though they have note been impleaded as parties to the petition.

For reference go through the judgement of :-

Chetan ANand Parasher @ Rahul Sharmsa vs state of UP-2015 CrLJ (NOC) 468 All

Augustine Chatterjee

Advocate & Solicitor at Law

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