Friday, October 22, 2010

2. HOW TO DEAL WITH A MAINTAINENCE CASE UNDER SEC.125 Cr.P.C.

THE MAIN POINT TO PROVE = REFUSE OR NEGLECT OF THE HUSBAND, TO MAINTAIN HIS WIFE, HAVING SUFFICIENT MEANS OR WHEN THE HUSBAND CONTACTED SECOND MARRIAGE OR LIVING WITH ANOTHER WOMEN OR WITHOUT REASONABLE CAUSE REFUSED TO LIVE WITH WIFE. IF SHE PROVE THE ABOVE POINT BY HER EVIDENCE, SHE IS ENTITLED FOR MAINTAINENCE. THE MAIN POINTS FOR NOT GRANTING RELIEF = WITHOUT REASONABLE CAUSE, THE WIFE IS LIVING SEPARATELY FROM THE HUSBAND, EVEN THE HUSBAND CALLING HER. OR BY MUTUAL CONSENT LIVING SEPARATELY OR SHE POSSESSED SUFFICIENT MEANS TO MAINTAIN HERSELF OR SHE IS LIVING IN ADULTERY. IF THE HUSBAND PROVED THE ABOVE SAID POINT, THE MAINTAINENCE CASE WOULD BE DISMISSED. THE QUANTUM OF MAINTENANCE = DEPENDS UPON THE EARNING CAPACITY OF THE HUSBAND. THIS FACT IS ALSO TO BE PROVED BY THE WIFE FOR GETTING HIGHER RATE OF MAINTENANCE. FOR REDUCING THE QUANTUM , THE HUSBAND HAS TO PROVE OBLIGATIONS AND EXPENDITURES ETC.,