1. Wife hasn't shown that she is working in petition application of 125. Husband has shared the Photographs of college where she works as Assistant professor 2. How can the Honourable Court get the records from where she works about her employment, service records and Pay slips as it is a Private Institution ? 3. As parties involved in the case are Minor child Vs Father ? Wife hasn't filed Assets and Liabilities ? Is it mandatory for her to file or does court compel her ? 4. Honourable Court when Passing interim maintenance order in an IA on MC case Honourable Court has observed and said that she hasn't filed the asset and Liabilities and has concealed the facts of her employment ? how is this going to help in main petition of Crpc 125 ? 5. She has claimed 60000 for maintenance of minor child in 125 main petition? is it equal responsibility on both parents when they are working when deciding the maintenance or ratio for the child ?
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1. The evidences produced by the husband has to be confirmed during cross examination.
2. If necessary the husband can file a petition before the same court seeking to direct the employer to produce the employment details from her employer.
3. Yes, it is mandatory.
4. It depends on how the respond taking this as advantage on his side and defends his interest during trial.
5. Yes
1) court can direct wife to furnish her pay slips , income tax returns , appointment letter
2) wife has to file assets and liabilities as she is seeking maintenance for child
3) draw attention of court to fact that wife has not come to court with clean hands and has suppressed marital facts
4)both have to pay maintenance for child in proportion to their incomes
Yes it’s mandatory as per SC directions otherwise adverse inference will be drawn
A father is liable to maintain his child till the age of majority. His liability is absolute, it cannot be shared by mother. Income of mother is irrelevant for determination of maintenance towards a minor child. That is the law. Question of income of wife arises only if the maintenance is claimed by wife.
The court can request the private institution where the wife works to provide her employment, service records, and pay slips. The husband can file an application in court to request this information.
Yes, the wife is required to file her assets and liabilities in a case under Section 125 of the CrPC. The court can compel her to do so if she fails to file them voluntarily.
The observation of the court that the wife has concealed facts of her employment and assets can be used as evidence in the main petition of CrPC 125. It can be argued that the wife has deliberately concealed her income to claim higher maintenance.
The responsibility of both parents for the maintenance of the child is determined based on their income and financial status. If both parents are working, the court may consider their respective incomes and expenses to decide on the maintenance amount for the child. The ratio for the child may vary based on the financial status of the parents and other relevant factors.
- If wife has not filed the details of her job, then husband can move an application before the court for directing her to produce the evidence before the court.
- Further, if she has given false information after concealing her income, then husband can move an application under section 340 CRPC in the same court for lodging an FIR against her.
- Further, if she is working then the husband & wife i.e., both are under obligation to pay the maintenance to the minor, and in proportion to the income.
Wife Asking for Full Educational Expenses for Child from husband through Interim applications in MC Case and has been constantly Changing School Without Fathers notice or Consent. Should H'Court ask for Asset and liabilities before passing order for interim application from Husband and wife ? How is the share Considered when both are employed in IA's ? Is there any alternative for CrPC 91 in CPC for MC Case for a petition application to determine her employment details or can Crpc 91 application be used in M C Case ? Please help me on this
both parties have to file detailed statement of assets and liabilities as per SC judgment
2) when both parties are working they have to bear child expenses in proportion to their incomes
If the wife is also employed and earning a handsome income then she is also liable to bear the cost towards educational expenses of the child equally.
She also need to file the affidavit declaring the assets and liabilities.
In 125 cr..p.c a petition can be filed under section 91 cr.p.c.
If it is a civil matter then section 151CPC can be invoked.
Yes assets and liability mandatory before deciding maintenance. Share is equal for child support and got wife its depending on her marital status and expenses during subsistence of marriage with you
Dear client,
In a matrimonial dispute, the court may ask for the details of the assets and liabilities of both parties to determine the interim maintenance to be awarded. The court may consider the income of both parties and the expenses of the child to decide the share of the husband and wife in the educational expenses.
In terms of obtaining employment details of the wife, the CrPC 91 application may not be directly applicable in a matrimonial case. However, you can file an application under Order 11 Rule 12 of the CPC seeking the relevant documents and information from the wife regarding her employment details.
Additionally, if the wife has been changing the school of the child without the father's notice or consent, you may file a petition seeking joint custody of the child or seeking an order that the wife cannot change the school of the child without the father's consent.
It is advisable to consult with a local lawyer who can guide you on the specific legal provisions and procedures applicable to your
- Yes, both the parties may be directed by the court to produce an affidavit for income & expenditure which having clauses of assets and labilities before passing any order of maintenance .