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 the time of engagement in...
Maintenance Cases
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 society. My mother died in...
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 wife. My stepmother is very...
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 and beyond my financial...
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 relinquishment of maintenance. I...
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 कहां जाऊंगी लेकिन वह मेरे किसी...
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 मुझे 125 के अंतर्गत भरण पोषण...
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 asking her to come back. I have...
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 case, she had filed the first...
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 amount from private practice. He is...
Does affidavit of husband mandatory for Section 125 CRPC?
My husband is living in Delhi, and I am in Kanpur. He has expelled me from the marital home and also does not want to give maintenance. Therefore, I want to file a complaint under section 125 CrPC for maintenance. Is it necessary to file the affidavit of husband and wife for filing of the...
Husband purposely became jobless to frustrate my case
Husband purposely became jobless to frustrate my case. I filed a lawsuit in court under the protection of women from domestic violence act 2005 under sec 12,18,19,20 & 23. How I will get interim maintenance from my husband if he is purposely jobless?. I am having a daughter of 1yr to take care...
Stepmother compelling my husband for maintenance
My husband is working in Aditya college for 15000 per month. We have a baby 12 months old. We didn’t even own house to live. His stepmother is asking for maintenance 3000 every month. She is demanding to take responsibility for her daughter’s marriage, and they are creating badly on us. They do...