Legal Question in Family Law in India

Respected Advocates ,

For 125 crpc filed by his wife as first petitioner and his son aged 3 years as second petitioner.

Facts :

The respondent is a farmer and at the time of marriage he was farmer and belong to a good rich family.His marriage was solemnised in the year of 2003.At the time of marriage his wife parents knows that he was a farmer and he was unemployeed and ,looking the family background of the respondents family they married there daughter to him for .His wife was employed at a govt service( like samvida sikshak) marriage and she was not earn.right now she earn around Rs 10000 pm and she is also an MA PG. They were living seperatly for around 2 years ,and wife petitioned 498 behalf of her husband .because when the wife was resident her father then his husband and his some relatives was come to her fathers home and beat her with stick and said that give me ur father home then I accepct you,otherwise I beat you and perhaps murderd u,then that lady(wife)was went to the police station and do

FIR on him and his parents.Wife have a child of 3 years, .Finally on june 2012 his wife filled the maintainace petition of 125 crpc and claming rs 10000 for both the petitioners .And the 498 is petioned by wife is on Aug 2010,

1.) At present the respondent is a farmer but he says to him unemployeed.

2.) That both case is continue on court,

Please tell me that Is wife is able for maintenence or not,and what about her child maintenence,can she is able too also? or not.

Regards

Abhishek Tiwari

rajesh


Asked on 8/21/12, 8:29 am

5 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

Although a wife has exclusive right to maintenance provided the husband is capable of earning and the wife being non working. In the present scenario. the wife can't claim maintenance until and unless she shows that husband is earning certain sums.

919555462995

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Answered on 8/22/12, 1:02 am
Santosh Goswami,Advocate sure shot legal

Although a wife has exclusive right to maintenance provided the husband is capable of earning and the wife being non working. In the present scenario. the wife can't claim maintenance until and unless she shows that husband is earning certain sums.

919555462995

Read more
Answered on 8/22/12, 1:04 am
Santosh Goswami,Advocate sure shot legal

Although a wife has exclusive right to maintenance provided the husband is capable of earning and the wife being non working. In the present scenario. the wife can't claim maintenance until and unless she shows that husband is earning certain sums.

919555462995

Read more
Answered on 8/22/12, 1:03 am
Santosh Goswami,Advocate sure shot legal

Although a wife has exclusive right to maintenance provided the husband is capable of earning and the wife being non working. In the present scenario. the wife can't claim maintenance until and unless she shows that husband is earning certain sums.

919555462995

Read more
Answered on 8/22/12, 1:03 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Goswami

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Answered on 9/07/12, 11:24 pm


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