• Regarding section 125

I am Deepika, 31 years old, from Jaipur and employed in a Pvt. Co., also doing ICWA

Many years back (approx 10 years), when I was studying and not working, a case was filed against my father for my maintenance and respected court has passed an order with amount 1800/- p.m. 

Later, I got employed but due to lack of knowledge, I didn't withdraw my name for getting maintenance due to being capable myself. 

Now, my father came to know my Co. name and given this to court. 

Now I am afraid that Is this any crime ? 

Should I take back my name now ? If yes, then what reason I give. 

What are the consequences of it on me.. is there any provision of imprisonment ?

Please suggest....
Asked 6 years ago in Family Law
Religion: Hindu

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7 Answers

Well,this is not crime unless you have pplied agait to get the arrears money.

It is not clear whether you are still receiving the the said maintenance order or not.

if yes then it is mistake on your part and hence you must inform the court about your employment or send a written notice to your father to stop sending you money.

if you are not receiving any money from him for long then no crime has been committed by you and you can rest assured on this.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

There is nothing wrong in you not informing the court about your subsequent employment and there is no need for you to approach the court for stopping the maintenance.

If at all he feels that the maintenance given to you should be stopped since you are employed and can sustain yourself , he has to file a petition before court for this and the court will hear both of you and then only pass an order tostop the maintenance amount given to you.

This is not an offence, hence dont be upset over this development.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1) court will modify order for payment of maintenance

2) no further maintenance would be paid to you

3) you would not be imprisoned

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

Nothing to worry. You don't have to do anything. Your act of not informing the Court of your employment is not a Crime.

Best assured, you're not going to land up in any kind of trouble

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hi, it is not a crime as you were unemployed at the time you file for maintanance .. Even if you are employed right now , and your earning is not enough to maintain yourself you still can ask maintanance from your gather untill you are unmarried

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

No it is not a crime. It is responsibility of the father to file an application before the court under Section 127 of the code of criminal procedure to cancel the maintenance order. A maintenance order can be cancelled by the court if any changes take place. At the time of granting the maintenance you have no source of income and unable to maintain yourself. Now circumstances has changed and you are well to do therefore it is responsibility of the father to cancel the maintenance order by filing a petition under section 127 of the code of criminal procedure.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You will not end up being in some problem, disclosing a fact (your employment) before the court is not a crime.

The order of the maintenance can be modified by the court and the court might cancel the maintenance.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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