Legal Question in Family Law in India
Cancellation of maintenance in CrPc 125 due to acquittal in IPC 498A,406,420 etc
Dear Sir,
Two Cases one for maintenance under Cr.P.C 125 and other under I. P. C. 498(A), 406, 420, 114, 323, 504 & 506(2) and u/s 3 & 7 of dowry prohibition act were registered simultaneously on 01/06/98. In Cr.P.C 125 a final order of Rs. 500/- p.m was passed on 06/12/2000 and thereafter a fresh application under Cr.P.C 127 was filed for enhancement in which recently a final order of Rs. 2000/- p.m. has been passed. However on 23/06/06 the court acquitted all of us from criminal case registered under 498(A) & others. In both the cases the allegations were same. Now since when we have been acquitted from 498A, can the maintenance case under 125 Cr.P.C be cancelled? Is the wife entitled for maintenance even though we have been acquitted from 498A in which the allegations were same as in Cr.P.C. 125? Please advice
9 Answers from Attorneys
Re: Cancellation of maintenance in CrPc 125 due to acquittal in IPC 498A,406,420 etc
wife is entitled to maintainence in any condition.....
Re: Cancellation of maintenance in CrPc 125 due to acquittal in IPC 498A,406,420 etc
Yes wife is entitled for maintenance as its her independant right.
Re: Cancellation of maintenance in CrPc 125 due to acquittal in IPC 498A,406,420 etc
Yes, Wife is entitle for maintenance. Acquittal under Sec:498A and ancillary offences would not absolve you from the liability fatsened on you by the Court under Sec:125 and Sec: 127 Cr.P.C
Re: Cancellation of maintenance in CrPc 125 due to acquittal in IPC 498A,406,420 etc
Reply to your query. She has filed two cases one is for maintenance and other for dowry prohibition etc., even you are acquitted from 498A and other charges you have to pay maintenance even allegations are same in both the cases. If she is working any where earning she is not entitled for maintenance.
Re: Cancellation of maintenance in CrPc 125 due to acquittal in IPC 498A,406,420 etc
Yes wife is entitled to maintainence it has nothing to do with dowry harrassment case.
Re: Cancellation of maintenance in CrPc 125 due to acquittal in IPC 498A,406,420 etc
Pls contact prsonally.
Re: Cancellation of maintenance in CrPc 125 due to acquittal in IPC 498A,406,420 etc
yes, the wife is still entitled to maintenance. in fact she is also entitled to relief under domestic violence act; as well as under the Hindu Law. The right of maintenance survives even after divorce. therefore, the best remedy is dissolution of marriage (preferably by mutual consent) and a full and final settlement under Section 25 of the Hindu Marriage Act.
Re: Cancellation of maintenance in CrPc 125 due to acquittal in IPC 498A,406,420 etc
Yes,wife is entitled for maintainance which is her independent right.
Re: Cancellation of maintenance in CrPc 125 due to acquittal in IPC 498A,406,420 etc
no
though allegation may be same 125 case if for maintaince and dismisal of dowry harrasment will not affect it
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
