• Question in Maintenance under CrPc 125

1. Does a lady have any rights to inherited in-laws property.

2. Is EMI taken into consideration while determining Maintenance amount ?
 As wife doesn't have right to husband's sole-acquired property is having an EMI a good option to reduce maintenance amount ?

2. Does Maintenance start from date of Application or from Date of Order. 
 Incase of Date of Application can the arrears in maintenance be recovered for period > 12 months


3. 125 CrPc states Maintenance condition incase one "Neglects" or "Refuses to maintain
 If we can falsify the statements where the lady claims she has been neglected , are we still liable
 to pay for the maintenance.

4. Supreme Court ruling on 125 CrPc states "A lady is liable to maintain same lifestyle after divorce 
 as she was during her marriage"
 If a lady claims she had an extravagant lifestyle during marriage , how can she claim she
 was tortured ? Alternately if she claims she was tortured and not given food to eat then already her condition is pitiable during marriage as is after marriage. So how can she claim maintenance based on her status during and post marriage ?
Asked 6 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

NO

No,

From date of application, pendent lite. Yes.

To claim maintenance, first she have to prove neglect.

It`s P & H high court ruling and life style acc. to husband status. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. In life of husband and in-laws she  has no right to inherit the proeprty.

2. EmI on house used for residential purpose can be helpful to reduce the maintenance amount though it is on court to consider same or not.

3. It depend on order of.court though maintenance is given mostly from date of.application.and yes arrears can exceed 12.months.

4. See if lady was maintained properly and she has deserted in that case maintenance can be contested.

5. See it's about lifestyle and expenses and torture is separate thing your argument may sound good in listing but doesnot hold good in court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) lady has no rights on in laws inherited property

 

2) maintenance would be recoverable from date of application  

 

3)if wife is unable to prove that you neglected or refused to maintain her she may not get any maintenance 

 

4) lady has to prove allegations made in in her complaint 

 

 

 

 

 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Dear Sir,
My answers are as follows:
1. Does a lady have any rights to inherited in-laws property.
Ans: No, she has no right in husband or her in laws property.

2. Is EMI taken into consideration while determining Maintenance amount ?

As wife doesn't have right to husband's sole-acquired property is having an EMI a good option to reduce maintenance amount ?

Ans: Yes, he has produce the salary certificate having more and more deduction and see that home taking salary is about Rs.10,000/- per month.

2. Does Maintenance start from date of Application or from Date of Order.

Incase of Date of Application can the arrears in maintenance be recovered for period > 12 months

Ans: Maintenance start from date of order.

3. 125 CrPc states Maintenance condition incase one "Neglects" or "Refuses to maintain

If we can falsify the statements where the lady claims she has been neglected , are we still liable

to pay for the maintenance.
Ans: Neglect refers to the default or omission in the absence of a demand whereas ‘refuse’ refers to the failure to maintain or a denial of obligation to maintain after demand. A neglect or refusal to maintain might have happened by words or by conduct. Whereas it is the obligation of the claimant to prove the neglect or refusal by the person to make the maintenance.

4. Supreme Court ruling on 125 CrPc states "A lady is liable to maintain same lifestyle after divorce

as she was during her marriage"

If a lady claims she had an extravagant lifestyle during marriage , how can she claim she

was tortured ? Alternately if she claims she was tortured and not given food to eat then already her condition is pitiable during marriage as is after marriage. So how can she claim maintenance based on her status during and post marriage ?

Ans: The maintenance has to be determined in accordance to the living standards of the person concerned which she enjoyed at the place of her husband. Here ‘ex-wife’ includes every woman who has been divorced by her husband or has obtained a divorce from her husband and has not remarried yet.  

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hi,

A lady may not have right in inherent property of in-law until she proves, she is legal heir.

The orders of maintenance can be passed for date of order or application as per facts and circumstances of case. The EMI and other liability of husband are duly considered by court while granting maintenance. The neglect and refusal are necessary conditions for grants of maintenance. 

 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Lady has no right on the properties of parents in law.Wife is entitled to maintenance from the date of application not from the date of order.wife can claim for maintenance under Section 488 Criminal Procedure Code she must prove neglect or refusal on the part of the husband to maintain her.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. No

2. No

2. it depends on the discretion of court. There is no law governing this issue.

3. Yes during interim stage . In final order f husband manages to prove that wife has income or had left matrimonial home on er won wish then maintenance can be denied to her.

4.  Lifestyle would be as per status of her husband , not necessary her lifestyle during her stay with her husband.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Wife has rights in inherited Property after death of husband.

Yes Emi is taken into consideration.

It depends on order of judge and his discretion that decides it whether it's date of application or date of order.

No you need to prove that in court that she was maintained and never neglected.

It refers that she should be given enough maintenance to live the same life which she lea during her Marriage and not be deprived from any facilities and comfort.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1. No.

2. It is from the date of application.

You can request court to allow you to pay the arrears in installments.

3. Yes.

4. This is a matter of argument.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer