Maintenance and Alimony
Maintenance in case of divorce after one year of marriage
Question: I want to know whether maintenance in case of divorce after one year of marriage is possible. I got married on 20 Nov 2019. Now we want to get separated by mutual consent. My wife is a B. Tech. & MBA but did not make any serious attempt to get a job. At...
Stepmother is receiving family pension : Can she claim maintenance from me?
Question: My stepmother is receiving the family pension and has all retiral benefits such as provident fund, gratuity etc. She is living a good life but claiming more money from me. I am a software engineer and currently in the USA. We are a very reputed family in our...
A maintenance order without hearing the husband is void
The court cannot pass a maintenance order under Section 125 of the Code of Criminal Procedure (crpc) without hearing or giving the opportunity of hearing to the husband. If the court did so, it has breached the principle of natural justice. The husband should file an application under section 126 crpc for setting aside that order. There is a period of limitation for filing of such an application u/s 126 crpc
How to get stay order against section 125 CrPC
The maintenance order passed under section 125 of the code of criminal procedure is tentative in nature. The court may stay the maintenance order passed under section 125 crpc if wife already getting alimony under section 24 HMA.
Minor daughter can claim maintenance under section 125 crpc
I am fifteen years old and living with my married sister. A minor daughter can claim maintenance against her father if he does not provide fooding, lodging and education fee etc. My father contracted second marriage after my mother's death. He has a son out of that...
Notice under section 128 crpc
I have received a notice under section 128 crpc. My wife filed a maintenance case under section 125 of the code of criminal procedure. The court has passed final order in that case to pay rupees seven thousand per month as a maintenance. This is too high maintenance...
How to get maintenance after the withdrawal of an application under section 125 crpc
Sir, I want to know that How to get maintenance after the withdrawal of application under section 125 crpc? My husband cheated me and deceitfully took my consent in the compromise deed. He promised to pay 45 lakh rupees as one-time settlement for the divorce and...
लिव इन रिलेशनशिप में रहने वाली महिला मित्र भी भरण-पोषण का दावा कर सकती है
मैं पिछले 10 वर्षों से अपने पुरुष मित्र के साथ लिव इन रिलेशनशिप में रह रही हूं. मेरे एक 6 साल की बेटी भी है. विगत 3 महीनों से मेरा मित्र मुझे घर से निकालने का धमकी दे रहा है और उसने मुझसे सभी प्रकार के संपर्क समाप्त कर लिया है. कई बार मेरा उससे बहस होती है कि अब मैं...
Can educated wife claim maintenance under section 125 CRPC
मेरी पत्नी ने मेरे तथा मेरी मां के विरुद्ध घरेलू हिंसा का केस दर्ज किया था जो कि न्यायालय द्वारा 5 फरवरी 2020 को खारिज कर दिया गया है. इसके पश्चात मेरी पत्नी ने अपने मायके जाकर धारा 125 के अंतर्गत भरण पोषण का दावा किया है. मेरी पत्नी शैक्षणिक रूप से सक्षम है तो क्या...
Excessive maintenance under Section 125 crpc
Judicial Magistrate has awarded excessive maintenance under section 125 crpc. An Order on section 125 crpc is passed by Kalyani judicial magistrate court ordering a final maintenance amount of Rs.7000. The wife has left me on her own will and I have sent 3 letters...
Can wife file second application for maintenance?
Whether the second application under section 125 crpc is maintainable? The first application has been decided on merit u/s 125 cr.p.c. maintenance paid to daughter till her majority. Now she moved a fresh application under 125 cr.p.c. for her maintenance. In your...
Husband has left his job and denying maintenance
My husband has left his job intentionally for denying maintenance under Section 125 crpc. He is a qualified doctor and employed in a reputed hospital. When he received the notice of maintenance case, he resigned from the service. But he still earning a handsome...