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Who can seek maintenance under CrPC 125?
22-Feb-2023 (In Divorce Law)
My husband and I are not staying together for a period of 1 year now. Earlier he was giving me sufficient amount of money for me and my children. But since 2-3 months he is refusing to give any money. What can I do?
You can claim maintenance under Section 125 CrPC by filing a petition in court claiming that your husband has refused to maintain you and your children. It is advisable to consult an experienced lawyer in such matters, in order to get adequate amount of maintenance and handle other related matters that may arise during the court proceedings.
Under Section 125 CrPC the court, after looking into the facts and circumstances of the matter, may order any person, who despite of having sufficient means neglects or refuses to maintain
Under Section 125 CrPC the court, after looking into the facts and circumstances of the matter, may order any person, who despite of having sufficient means neglects or refuses to maintain
- his wife, who is unable to maintain herself
- his legitimate or illegitimate minor child, whether married or unmarried
- his legitimate or illegitimate child (not being a married daughter) , who has attained majority but is incapable of maintaining himself/herself due to physical or mental abnormality.
- his father or mother, unable to maintain himself or herself.
The court may ask for a proof of neglect or refusal and after being satisfied with the facts and evidences produced, may order the person to make a monthly allowance for the maintenance of his wife or such child, father or mother.
The amount of maintenance or monthly allowance may or may not be decided by the court depending on the financial condition of the person.
The court may order the father of a minor female child to make such allowance, until she attains majority, if the court is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
The amount of maintenance or monthly allowance may or may not be decided by the court depending on the financial condition of the person.
The court may order the father of a minor female child to make such allowance, until she attains majority, if the court is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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What is the minimum maintenance to the wife?
The Supreme Court of India set a 25% monthly payment for the wife if the maintenance law is paid by the husband.
How do I claim maintenance from my husband?
They can request maintenance by submitting a written application to the Magistrate. The Magistrate will determine the amount of maintenance to be paid each month. You are entitled to maintenance if you are a female and your husband has divorced you or if you have divorced your husband.
How long does it take to get maintenance from husband?
According to the third proviso of Section 125 of the CrPC, it states that the proceeding for interim maintenance must be resolved within 60 days of the service of the notice.
Who is eligible for maintenance?
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.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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