What is the object of section 125 of CrPC?
What is the object of section 125 of CrPC?
As the object of Section 125 of the Code is mainly to prevent vagrancy; the requirement to pay maintenance should be only in respect of persons who are unable to maintain themselves. The inability of the wife to maintain herself is a condition precedent to the maintainability of her application for maintenance.
Who can file application under section 125?
The children. A grant for maintenance can be sought for children who are minors. i.e., with reference to Explanation (a) of Section 125 of CrPC, it refers to persons who have not completed 18 years of age as per the Indian Majority Act, 1875. The child may be male or female.
On what grounds maintenance can be rejected?
Now if there is an agreement that both spouses are living seperately and will not claim maintainance then this can be a ground to deny maintainence. The second ground on which she would not be entitled to Maintenance Allowance is the ground of her refusal to live with her husband without any sufficient reason.
How do you fight a maintenance case?
- you can file petition for restitution of conjugal rights but you cannot force your wife to stay with you .
- if order of maintenance is passed against you and you are aggrieved you can go in appeal against the said order before sessions court .
- even if you take personal loans your maintenance wont be reduced .
How do you win a maintenance case?
Your maintenance case is largely dependent on you proving that your child needs the requested amount. If you do not have proof, or cannot prove it, even if you show that the father can afford it, the court won’t order him to pay it. The court would only order him to pay what is fair and proved.
Can maintenance be challenged?
The interim maintenance order can be challenged in the high court by preferring an appeal. Family court’s interim order under Section 125 cr. p.c. is appealable before the Division bench of the concerned High Court. There is no necessity for writ.
What happens if my husband Cannot pay maintenance?
In cases where husband fails to pay maintenance, one may file execution proceedings. When there is no adherence to that, there could be non bailable warrant issued in name of husband. His property could be attached, in order to recover the amount, as and when issued by court.
Can a earning wife claim maintenance?
Kamla Devi1 and Chaturbhuj v Sita Bai2, it is evident that she can claim maintenance even though she is earning. The SC of India, in this regards, has ruled that an estranged woman can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance.
What is the limitation period for claiming maintenance?
Article 105 of the Limitation Act is applicable only where maintenance is claimed on the basis of the claimant’s status as ‘Hindu’ under Hindu Law. This Article limits the arrears of maintenance recoverable by a Hindu to a period of three years from the time when the arrears are payable.
