SEC 125 CRPC ORDER(1) : PERSON HAVING SUFFICIENT MEANS REFUSES/ NEGLECT TO MAINTAIN FOLLOWING PEOPLE :
APPLICABLE FOR ALL CASTE AND RELIGION
MAINTENANCE MEANING :
APPROPRIATE CLOTHING, EDUCATION,FOOD
WIFE :
DIVORCED AND NOT REMARRIED, LEGALLY WEDDED WIFE
WOMAN STAYING LIKE WIFE BUT NOT MARRIED WITH MAN (FROM 2010 LIVE IN RELATION ALSO INCLUDED)
HUSBAND MARRIED SECOND TIME FIRST WIFE IS AGREED STILL SHE CAN FILE MAINTENANCE.
PROVISION FOR NOT APPLICABLE :
ADULTARY, WITHOUT ANY REASON WIFE IS STAYING SEPERATE, MUTUAL CONSENT WIFE IS STAYING SEPERATE
CHILD CAN CLAIM MAINTENANCE : CHILD SHOULD BE MINOR (BELOW 18YRS), LEGITAMATE, ILLLEGIMATE , MAJOR CAN ASK FOR MAINTENANCE IF PHYSICALLY OR MENTALLY INJURED, MARRIED MAJORED DAUGHTER CAN NOT ASK FOR MAINTENANCE.
FATHER & MOTHER CAN ALSO APPLICABLE FOR MAINTENANCE.STEP MOTHER IS NOT APPLICABLE, CHILDLESS STEP MOTHER IS INCLUDED.
BASIS OF MAINTENANCE :
NEGLETED/REFUSED , MUTUAL CONSENT DIVORCED
PERSON WHO IS UNABLE TO MAINTAIN HERSELF
MARRIAGE PROOF : PHOTO OF MARRIAGE, INVITATION CARD, MARRIAGE CERTIFICATE, BANK PROOF, ADHAR CARD
QUANTUM OF MAINTENANCE : THERE IS NO LIMIT, DEPEND ON MAGISTRATE AND DEPEND ON MERITS OF CASE.
MAINTENANCE IS NOT GIVEN BY HUSBAND MAGISTRATE CAN ISSUE WARRANT AGAINST HUSBAND , IMPRISONMENT FOR 1 MONTH AND PROPERTY CAN ATTACHED OF HUSBAND.
INTERIM MAINTENANCE :
MAINTENANCE IS APPLICABLE WITHIN 60 DAYS
INTERIM MAINTAINCE IS ALSO GRANTED FROM AMENDMENT (FROM DATE OF APPLICATION)
NO STRICT OF MARRIAGE CERTIFICATE IS REQUIRED
SEC 126 :
WHICH JURISDICTION APPLICABLE
1) WHERE HUSBAND STAYS, WHERE WIFE STAYS, WHERE THEY BOTH STAYED LAST TIME
2) PARENTS CAN FILE WHERE CHILDREN ARE STAYING
PROCEDURE :
SUMMON
IF HUSBAND IS NOT ATENDING PROCEDING WITHIN 3 MONTHS EX-PARTE CAN APPLICABLE.
SEC 127 : ALTERATION & ALLOWANCE
WIFE FOUND ADULTERY, WITHOUT ANY REASON WIFE IS STAYING SEPERATE OR WIFE STAYING SEPERATE BY MUTUAL DIVORCE ORDER CAN BE CANCELLED.
DIVORCED WIFE REMARRIED.
DIVORCED WIFE OBTAINED SOME AMOUNT.
DIVORCED WIFE VOLUNTARY SURRENDER MAINTENANCE ORDER.
IF WIFE CAME BACK FOR STAY WITH HER HUSBAND.
IF ORDER PASSED REMAIN ON TILL MAGISTRATE CANCEL THAT ORDER.
SEC 128 : ENFORCEMENT OF ORDER OF MAINTENANCE
FREE OF COST ORDER COPY TO PERSON IN WHOSE FAVOUR ORDER IS PASSED.
SPEEDY RECOVERY FILED IN CRIMINAL COURT.
CHILDREN LEGIMATE OR ILLEGIMATE (FROM SECOND WIFE) OR ADOPTED (TILL 18 YRS), INJURED CHILDREN MENTAL OR PHYSICAL (EVEN AFTER AGE OF MAJORITY)
PARENTS ARE ALSO PROTECTED
ORDER COPY WILL BE GIVEN FREE OF COST TO THE LADY OR CHILDREN OR LAWYER
INTERIM MAINTAINANCE HAS TO BE GRANTED WITHIN 60 DAYS
ARREAR NEED TO FILE WITHIN 12 MONTHS
ADULTARY IS NOT MAINTAINABLE, IF WIFE REMARRY MAINTAINANCE WILL STOP.
JUDGMENTS
K.Vimal vs K.VeeraswamyT
BABITA VS DHARMENDRA SINGH 2019
AMODH KUMAR SHRIVASTAV VS STATE OF UP (UNDER HINDU ADOPTION MAINTAINCE ACT FOR UNMARRIED DAUGHTER)
ABHILASHA V/S PRAKASH
MEHRUNISA
HOW TO FILE MAINTENANCE :
STAGES OF SEC 125 CRPC ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
- Filling Maintenance Petition/ Application (Family court Maintenance and Interim Maintenance)
- Scrutiny of file by family court
- Notice to Husband by family court (Summon)
- Mediation & Conciliation (Signature from both the parties on form)
- Reply by Husband (All the defenses by husband) + Income Affidavit
- Filing of Affidavit of Income Assets, Liabilities (Judgment Rajnesh vs Neha 04th Nov 2020)
- Arguments on Interim Maintenance & Order
- Framing of Issues (Burden of proof on both the parties)
- Evidence of Petitioner (Wife)
- Cross Examination by Respondent/Husband
- Evidence of Respondent/Husband
- Cross Examination by Petitioner (Wife)
- Final Argument
- Final Judgement/Order
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