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How to file maintenance case under section 125 CrPc
14-Apr-2023 (In Divorce Law)
To file a maintenance case what the requirements we need to meet i.e., is there any need to submitt any proofs? And where I have to file the case?
To file maintenance case you need to submit marriage certificate and photos of your marriage as proofs, these are essential requirements to file a case under section 125 Crpc. you can file case in the family court or judicial magistrate were you reside.
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Adv. Baddam Aravind Reddy
Secunderabad | 500+ Answers
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How do I file a maintenance case?
Drafting the Petition - Start by preparing an in-depth petition that outlines your claim for maintenance. ...
The petition must be filed with the court as indicated above. Include the number of copies required and any court fees.
How long will maintenance case take?
According to the third proviso of Section 125 of the CrPC, it states that the proceeding for interim maintenance must be resolved within a time frame of 60 days.
How maintenance is decided by court?
If there is only one child, and no other dependents, then the wife and child would both be entitled to u00bd percent of his salary. The formula can continue indefinitely and is the easiest way to determine maintenance. If the wife earns, then the same formula may be used to divide the income between the two parties.
What are the stages in maintenance case?
Step-II: The Family Court examines the complaint and notifies the husband against whom the wife has filed the complaint. STEP-III : In all cases in Delhi, the parties are ordered to appear at the court to be reconciled. The court will make every effort to do so.
Dear Client,
You must submit proofs like wedding card, wedding photo, and other proofs of residence like Adar card pertinent to where you voluntarily reside etc for jurisdiction of the court in which you are goring to file a maintenance case. Those documents must be filed to the court to show that you legally wedded to the person against whom you want remedies like maintenance etc., You can file maintenance case where you voluntarily resides, where your marriage solemnized and where you and your husband last lived together. In the above said three places, where the nearby District Court situates, in which you can file a case for maintenance.
You must submit proofs like wedding card, wedding photo, and other proofs of residence like Adar card pertinent to where you voluntarily reside etc for jurisdiction of the court in which you are goring to file a maintenance case. Those documents must be filed to the court to show that you legally wedded to the person against whom you want remedies like maintenance etc., You can file maintenance case where you voluntarily resides, where your marriage solemnized and where you and your husband last lived together. In the above said three places, where the nearby District Court situates, in which you can file a case for maintenance.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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If you want to file a maintenance case you must have a wedding card, wedding photos with CD, your passport size photograph, and if any correspondence between you and your spouse.and followed by an affidavit and petition under 125 of cr.p.c according to prescribed proforma. You have to submit the proofs as cited supra. where you have to file approach an advocate then the advocate will decided where to file the case, if you wish to file a case.
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Adv. Dwara Pallavi
Hyderabad | 200+ Answers
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Hi
you can file a maintenance case either under section125cr.p.c or under domestic violence act.
If you have salary slip of the spouse, it is beneficial(though not mandatory)
To file a maintenance case, you should have the following
a) Marriage certificate
b) Residential address of both the spouse
c) Office/place of work of the spouse
d) Average annual salary/ income of the spouse
e) If you have IT returns of spouse it is all the more beneficial(but not mandatory)
you can file a maintenance case either under section125cr.p.c or under domestic violence act.
If you have salary slip of the spouse, it is beneficial(though not mandatory)
To file a maintenance case, you should have the following
a) Marriage certificate
b) Residential address of both the spouse
c) Office/place of work of the spouse
d) Average annual salary/ income of the spouse
e) If you have IT returns of spouse it is all the more beneficial(but not mandatory)
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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How you separated from ur husband, what is ur present status, If you r not remarried U have every right to seek maintenance from ur husband. Meet an advocate with ur marriage certificate, U have no certificate take ur marriage photos
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Adv. Basa Appala Reddy
Visakhapatnam | 25+ Answers
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A Magistrate of First Class may order a person who neglects or refuses support his or her father or mother and is unable to do so themselves, to pay a monthly allowance.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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