Thanks to a reader, we have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill. The judgment is actually not very significant, since both evidence by way of letters of husband and wife’s own admissions proved that there was no maltreatment, and in practical cases such evidence, and wife’s own admissions are very rarely seen. Also the wife didn’t appear in HC at all for her own appeal. If any husband is lucky enough to have this kind of evidence (and a wife who admits in court to her faults ) , of course … [Read more...] about MP HC denies maintenance to wife on her CrPC 125 appeal
Maintenance CrPC 125 Judgments
Qualified wife can’t sit idle and claim maintenance: Mumbai family court
As per a recent Mumbai family court judgment, qualified wife has been denied maintenance. While the news says about her being qualified and sitting idle, my suspicion is that the ex-husband had provided some proofs of her work. Otherwise, it’s usually very difficult to get a zero maintenance order simply based on wife’s educational qualifications. Since the case was followed after divorce, it must have been a CrPC 125 case because only that section allows cases to be filed even after divorce if the wife says that she cannot maintain herself. The full judgment text has been found, and it was indeed a CrPC 125 case filed by wife (with divorce alleged by husband). Also, as I had suspected, indeed the petitioner had admitted to her having worked earlier, so it’s … [Read more...] about Qualified wife can’t sit idle and claim maintenance: Mumbai family court
Woman can’t evict husband just because she pays EMI: Mumbai Family Court
Woman can’t evict hubby just because she pays EMI: Mumbai Family Court MUMBAI: A family court on Monday rejected a wife's interim plea seeking her estranged husband's removal from their Lokhandwala flat where she stays with him and their child, just because she pays the EMI (equated monthly installment to repay home loan). The court, while ruling in favour of the man who pays Rs 90,000 a month for household expenses, said in the current day, it is difficult to ascertain who has contributed how much while purchasing any asset or discharging any liability. "If both contribute to the household, either this way or that way, a particular spouse cannot claim exclusive right, ownership or title in the household property, merely because either the property stands in her name or she has … [Read more...] about Woman can’t evict husband just because she pays EMI: Mumbai Family Court
Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income
The judgment asserts that there is no strict criterion that one-third of husband’s income has necessarily to be awarded as maintenance to wife. The judgment can be useful to know how judges may ascertain income of both parties based on declarations in affidavit, and some estimation of real income (because people just lie about income). Full judgment text below: Lalit Bhola vs Nidhi Bhola & Anr. on 12 February, 2013 Author: G.P. Mittal * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 30st January, 2013 Pronounced on: 12th February, 2013 + Crl.M.C.75/2012 LALIT BHOLA ..... Petitioner … [Read more...] about Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income
Multiple maintenance under DV Act denied when CrPC 125 already decided
It is a short and sweet (depending on the ears) judgment which denies fresh application for maintenance under PWDVA (DV Act) when a previous maintenance under CrPC 125 is already decided. Another crisp and clear judgment by justice S N Dhingra. Important part of judgment below: If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and … [Read more...] about Multiple maintenance under DV Act denied when CrPC 125 already decided
Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending
In this case, wife initiated a fresh maintenance petition under CrPC 125 when a civil suit asking for maintenance was already pending, but it was stayed by Mumbai High court. Important parts of judgment below: 7. Mr. Vidwans, the learned counsel for the applicant submitted that practically pleadings are identical and verbatim in both the cases. He took me through the pleadings of both cases and demonstrated that practically the paras are identical as much as they are in verbatim. Following paras of the application u/S. 125 of Cr.P.C. are identical to the paras of the plaintiff in Reg. Civil Suit. Application u/S. 125 Reg. C.S. No. 227/86 of Cr.P.C. Therefore, according to Mr. Vidwans, in both the litigations, the fate would be based on the same evidence. 8. The findings given by the … [Read more...] about Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending