35 cases of maintenance denied, or lowered

 

  • 1. Deserting wife NOT entitled to maintenance us 125 CrPC. NOT entitled after divorce also! Bombay HC  http://wp.me/p7s7-1Da
  • 2. NO maintenance U/S 125CrPC 2 Deserting wife. Hubby win RCR & Divorce. Wife claims maintenance. Bom HC refuses  http://wp.me/p7s7-1D9
  • 3. Deserting wife NOT entitled to 125CrPC maint. Civil court finding, binding on Magistrate court! Cal HC  http://wp.me/p7s7-1CT
  • 4. Exparte interim us 125CrPC to be modified & even CANCELLED on application by husband.Cal HC & Supreme Court  http://wp.me/p7s7-1CQ
  • 5. Ex parte maintenance u/s 125 CrPC set aside IF husband not allowed to defend, to lead evidence!! Madras HC  http://wp.me/p7s7-1CO
  • 6. Second wife NOT entitled to maintenance under Section 125 CrPC. Husband to plead & conclusively prove 1st marriage. Bombay HC  http://wp.me/p7s7-1CM
  • 7. Woman marrying a married Hindu, with a legally existing wife NOT entitled 2 maintenance under 125 CrPC ! Supreme court !  http://wp.me/p7s7-1CL
  • 8. 125CrPC Proceeding civil nature. Paternity 2 b decided by Magistrate b4 order !! Supreme Court 1960 !  http://wp.me/p7s7-1CJ
  • 9. if wife looses maint in civil case, she looses right to file sec 125 and claim maint !! Bombay HC  http://wp.me/p7s7-1CI
  • 10. Wife gets 9K maintenance when husband’s salary assessed at 45K; Cal HC  http://wp.me/p7s7-1A1
  • 11. amount paid at family court in matrimonial case adjusted in Sec125 dues & NO arrest of hubby! Jharkhand HC  http://wp.me/p7s7-1z3
  • 12. No 125CrPC Main 4 deserting 498a wife. http://wp.me/p7s7-1wB
  • 13. Crpc125. No arrest b4 execution proceedings on defaulter’s property. collect arrear similar to fines http://wp.me/p7s7-1uu
  •   14. Whether the deserted wife was unable to maintain herself, has to be decided on the basis of the material placed on record. Where the personal income of the wife is insufficient she can claim maintenance under Section 125 Cr.P.C.  http://wp.me/p7s7-1qd
  • 15. Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person; So wife cannot claim double maintenance under CRPC 125 and DV Act; Delhi HC ;  http://wp.me/p7s7-1q6
  • 16. Major daughters (i.e.) above 18 not entitled to maintenance u.s 125 Crpc.  http://wp.me/p7s7-1q3
  • 17. Ablaa WIFE already making moolah in civil case of sec 125 CrPC cannot make MORE moolah using DV !http://wp.me/p7s7-1p0
  • 18. Arrest for non payment maintenance us 125 CrPC within MAX 1yr,  http://wp.me/p7s7-1nS
  • 19. S125 CrPC maintenance adjustable against maintenance in matri. proceedings & not over & above Sec 24 HMA. Supreme court of India  http://wp.me/p7s7-1nR
  •   20. Wife Obtained CrPC 125 order in 2004; Not a penny maintenance paid till 2011 !!!! Wife running pillar to post !!  http://wp.me/p7s7-Mk
  • 21. Amount awarded u/s 125 Cr.P.C. adjustable against amount awarded in matrimonial proceedings & was not over and above  http://wp.me/p7s7-Fw
  • 22. Employed & deserting wife : NO maintenance u/s 125. Even though wife’s salary is only Rs 2200/- p.m.  http://wp.me/p7s7-yE
  • 23. NO MAINTENANCE u/s 125 Cr. P C to deserting wife  http://wp.me/p7s7-lC
  • 24. Well educated employed wife resigning on own NOT entitled 2 maintenance in DV case. Only Kid’s maintenance Delhi HC  http://wp.me/p7s7-1Bv
  • 25. No maintenance to adulterous wife, but mere depositions not sufficient, adultery to be proved-Delhi HC  http://wp.me/p7s7-1Ba
  • 26. Maintenance not to punish past neglect, but to prevent vagrancy. To be established wife unable 2 maintain self !!  http://wp.me/p7s7-1A9
  • 27. Income & means of wife be taken into account, for determining maintenance payable to her. Supreme court  http://wp.me/p7s7-1A8
  • 28. Multi crorepathy businessman’s son escapes wid just 6000 pm. interim 2 children  http://wp.me/p7s7-1zV
  • 29. Eighteen years mistress NOT a “relationship in the nature of marriage..”, NO Maintenance as she alienated the legal wife and kids !!  http://wp.me/p7s7-1so
  • 30. willful non payment of interim maint, court can strike-off husband’s written stmt, but he can fight against wife’s case! P&H HC Gem. shows that though husband’s written statements are struck off, he can continue to cross examine wife’s side witness, prove the falacy in her arguments and argue that she should NOT get her prayers granted !!  http://wp.me/p7s7-1lR
  • 31. NO maint enhance u/s 12 DV act! P&H HC GEM. Wife separate since 1972 (40+ years) tries enhance undr DV act. Looses!!  http://wp.me/p7s7-1lh
  • 32. Kid’s Maintenance to be borne by husband AND wife in proportion to their salaries !! Supreme court GEM !  http://wp.me/p7s7-1hr
  • 33. No Permanent Alimony to be granted under Sec 25 HMA if divorce is NOT granted. Wife and kid NOT to get maintenance under Sec 125 CrPC if they were denied maintenance in a civil case as decisions on a Civil case override criminal case.  wp.me/p7s7-2fk
  • 34. No maintenance to deserting wife. Right to maintenance stems performance of marital duty ! When it is found that the wife declines to live with husband without any just cause and there is no evidence of ill-treatment by the husband, wife is not entitled to maintenance. Rajastan HC  http://wp.me/p7s7-2jB
  • 35. Quash Sec 125 CrPC case when a civil (divorce) case is already pending ! Madras HC (old case); A classic case where the Madras HC quashes a Sec 125 case filed by the wife three years after desertion and AFTER  a civil (divorce) case is also pending between the couple. The court clearly states that Sec 125 CrPc is for quick and expeditious relief, when there is NO other relief in sight. So it is NOT proper for the wife to run to a magistrate court and seek relief under sec 125 when a civil case (for divorce and other reliefs) is already proceeding / pending ! bit.ly/1WEugw9

 


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regards

Vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

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6 thoughts on “35 cases of maintenance denied, or lowered

  1. yousuf ali

    Good after sir.myself yousuf ali working in indian navy at Portblair nd i hv got married on jan14 from Ghaziabad. from mar15 my wife is at there home in Ghaziabad nd still now she is unable to comeback at my home in baghpat.i trying 3 to 4 times to bring her bt  her parents nd brothers directly refusing to send her with me at my home or at my duty station at Portblair. they r forcing me to stay only in In-laws near about.and said she will remain here only when u come on leave plz come here inGhaziabad after finishing leave go back to ur duty.also said send money for rent room monthly expenditure medicals expenditure etc totally 15 to 20 thousands per a month. one more thing is that they also said u got a salary of 40 thousands give 2 thousands to ur mother for monthly expenditure nd remains salary in hand of her daughter. they r trying to make me mentally torture nd putting me in a false charge impeach.i hv put up a case of sec9 in aug 15 in district court baghpat. finally theyhv also put up dowry case domestic violence against me in apr16.now 2 to 3 dates has been passed there in mhila thana Ghaziabad. bt due to my duty at Portblair i was unable to be in enquiry held in Ghaziabad mhila thana.after 25may16 there is no call or response from mhila than or mediation centre.now the situation is FIR has been (launched)registered in mhila thana against me nd file being forwarded to court.after FIR registered what r the procedure will follow against me. as a government employee what r the rules for my escape..my email id is rab.ak232@gmail.com

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  2. Pingback: Why LIFETIME alimony in india ?? | my2centsworth

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