The court has ordered under section 125 crpc to pay maintenance @18000 per month. But my husband has not been paying the maintenance and he wants to file a divorce case against me. I have contacted my advocate for taking legal action against my husband for payment of maintenance but he said that...
Maintenance Cases
Our advice on: Maintenance Cases
I want divorce because my wife is a characterless lady
My wife has illegal relations which I did not know at the time of marriage. She is a characterless lady so I want divorce. I got married in 2008, and my marriage life is still very good till Dec 2019. In Dec 2019 I found that my wife has been characterless for so many years, approx 5 to 7 years....
Can I get maintenance from my unemployed husband
Can I get maintenance from my unemployed husband? My husband is unemployed due to heavy losses in business during the Covid period. He is still not working but capable of feeding his family. Recently he has developed an illegal relationship with his ex-employee and is planning to marry her. ...
Adjustment in amount of maintenance under Section 125 crpc
I want adjustment in amount of maintenance under Section 125 crpc. My wife has filed a case in Section 125 crpc for maintenance. I have been ordered to pay maintenance. Hence I have been paying the maintenance to my wife since 2009 till 2020. Now, the problem is that my wife when claiming for...
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 the time of engagement in...
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...