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Hi , Does sec 125 help to get maintainance even if the wife is working but unable to heed the expens


26-Nov-2023 (In Family Law)
Hi , Does sec 125 help to get maintainance even if the wife is working but unable to heed the expenses as the husband has abandoned his wife and step daughter. Alone DV case won't help? Please suggest ans what would be the expenses to file the same .
Answers (2)

Answer #1
766 votes
Dear Sir, If the salary of the husband is more than salary of the wife then she can easily claim Maintenance under Section 125 of Cr.P.C. It is very difficult to get such amount in DV proceedings. Better file separate proceedings.
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Advocate Kishan Dutt Kalaskar

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Answer #2
859 votes
Hi. Yes, under Section 125 of the Code of Criminal Procedure, it helps the wife to get maintenance even if she is working and is unable to meet the expenses. However the matter depends on various other factors to determine quantum of maintenance. These factors are the position and status of the parties, the reasonable want of the claimant, if the claimant is living separately is it is justified in doing so, the number of person entitled to get maintenance, etc. Thus everything depends at the discretion of the court, depending on the needs and prayers of the parties.
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Advocate Ayantika Mondal

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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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