• Maintainability of Sec 125 CrPC filed on behalf of minor daughter 1.5 year old

Hello,my wife has filed sec 125 crpc specifically on behalf of minor daughter who is with her,as my wife is working and earning 30000 pmshe can not claim maintenance 
now I have a querry in lieu of following crpc sec 126 procedure 
Sec 126 crpc : proceedings against any person may be taken against in any district
1) where he resides 
2) where he or his wife resides 
3) where he resides last with his wife or as the case may be,mother of illegitimate child 
I went through a judgement where parents living separately filed sec 125 crpc and their petition was rejected on the ground that,such facility is available to wife only, not the parents.parents can file petition only,where their daughter or son resides.Therefore similar facility is also not available to mino child also.There fore a minor child intending to file maintenance against her father or mother it can be filed only where they resides. if my wife has filed sec 125 crpc specifically on behalf of minor daughter it should have been filed at my place because proposed maintenance is by my minor child not by my wife.wife is just a pleader 
Please adv
Asked 1 year ago in Criminal Law from Nainital, Uttarakhand
Religion: Hindu

where has your wife filed application for maintenance of child

2) your query is silent on the said aspect

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

In such case preferably the petition is filed where the wife is residing. In your case the child is minor and it is filed through her guardian which is your wife in this case, therefore the petition is maintainable on the grounds of jurisdiction.

Mrinali Prasad
Advocate, New Delhi
20 Answers

Not rated

Dear Client,

You have misunderstood the judgment, in that, petition was file by parents whereas in your case, it`s daughter who can initiate proceeding where your wife resides.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

1. A case for maintenance under 125 CrPC can be filed by the minor daughter through her natural guardian i.e her mother. To put it plainly, it can be filed by the mother for and on behalf of her daughter,

2. When maintenance is claimed for daughter it is very obvious that there will be no allegation of cruelty towards daughter. The remedy under 125 CrPC enabling the daughter to claim maintenance from her father is not by virtue of cruelty committed on her, but to fasten the social and legal liability on father to maintain his daughter, Your understanding of law is flawed.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

When both husband and wife are working both have to bear maintenance expenses of child in proportion to their incomes

Court would award maintenance for minor child

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

As per law the child deserves love and care from both the parents and expenses should be met by boh the parents in case both are working. In case of girl child up to a certain age they need care and attention of a mother more than her father. Even if mother is earning decently and living separately the father cannot shy away from his responsibities towards his daughter nor can he take the plea that the child is with mother and she earns so he need not contribute.

Mrinali Prasad
Advocate, New Delhi
20 Answers

Not rated

What she is doing is to reflect conduct of husband before court which propelled her to leave matrimonial house. And daughter being minor needs mother care more than father -

And it is bliss full duty of parents to contribute in upbringing of child, so maintenance order will be order considering mother income too, complete burden won`t be fasten on you.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

you have either misinterpreted the law or you have been misinformed about it.

The petition filed under section 125 cr.p.c. is very much valid for seeking maintenance on behalf of the minor child by the mother and next fried of the minor.

It is the duty of the father to maintain his minor child.

A specific legal obligation has been cast on him under Section 125 of the Criminal Procedure Code in this regard.

Therefore, there is nothing wrong if an application is filed under Section 125 of the Cr.P.C. seeking maintenance for the minor child.

The maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy leading to the commission of crime and starvation by compelling those who can do so to support those who are unable to support themselves and who have a moral claim to support.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Now my wife and me,both are working,and in her plaint she has not mentioned that minor daughter is unable to maintain herself and I refused to maintain her or neglected her,rather she has mentioned that mother was being neglected,so she voluntarily left with minor daughter aged 1.5 yr old and she made all false statement showing cruelty inflicted upon her.

It is but natural that the child i not employed and unable to sustain her expenses.

It is the duty of the father to maintain his minor child.

A specific legal obligation has been cast on him under Section 125 of the Criminal Procedure Code in this regard.

Therefore, there is nothing wrong if an application is filed under Section 125 of the Cr.P.C. seeking maintenance for the minor child.

By the phrase ‘unable to maintain herself’, it is not meant that she should be absolutely destitute and should be first on the street, should beg and be in tattered clothes and then only she will be entitled to move an application under Section 125 of the Code.

Under the law the burden is placed in the first place upon the wife to show that the means of her husband are sufficient.

There is no dispute that the appellant has the requisite means.

But there is an inseparable condition which has also to be satisfied that the wife was unable to maintain herself.

These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife.

The appellant has placed material to show that the respondent/wife was earning some income.

This is not sufficient to rule out application of Section 125, it has to be established that with the amount she earned the respondent-wife was able to maintain herself.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

The suit is maintenable

Deepak Sharma
Advocate, Delhi
7 Answers

Not rated

Proceeding under sec 125 is quasi civil in nature and where you are applying O 6 R 7 ?

Original petition filed in court should be verified with date. Copies provided to opposite party are mostly print outs so missed date and deposition etc.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Supreme Court in (2007) 6 SCC 785 titled Iqbal Bano Vs. State of U.P.& Anr. held Proceedings under Section 125 Cr.P.C. are civil in nature.

2) requirements provided in Section 125 and the purpose, object and scope thereof being to prevent vagrancy by compelling those who can do so to support those who are unable to support themselves and who have a normal and legitimate claim to support are satisfied.

3) section 125 fall under criminal procedure code and your lawyer has correctly advised you that it is quasi civil and quasi criminal in nature

4) not necessary that complaint under section 125 cr pc should be as per order 6 and 7 of CPC

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

The observation made by you in the copy received by you may not reflect the actual fact.

Have you gone through the original petition filed before the court in this regard.

The verification, date would be found in the original petition, hence this is not a big lacuna, you may ignore these petty things and instead concentrate on the main subject of the petition which she is pleading and the allegations leveled against you.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

You have received the summon as per the family court act, which is civil and the suit has been instituted u/s 125 which is criminal. So there is no legal bar in the smae

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

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