Guide to Fight Maintenance Under Section 125 Cr.P.C. On Grounds Of Desertion-Maintenance Denied
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How to Fight Maintenance under Section 125 CrPC |
Nowadays there is an extensive increase in maintenance
claims by wife where the wife leaves her husband house and starts living
separately from the husbands without any sufficient reasonable reason and
refuse to live with husband and refuse to join back the company of husband even
after genuine requests made by the husband to come back and join back.
Because of
ego and anger, the wife decide to live either in her parental house or separate
accommodation on their own sweet free will. In many cases, it has been observed
that the wife is not willing to go back to her husband just because of the reason that
the husband or his family member did not come to her to take her back.
Even it
has been observed that the wife has not attempted to re-join her husband and has not shown any interest to join back. But later on, she files the complaint in court for claiming maintenance from her husband on her own wrongdoings.
There
are several provisions in which a wife can claim maintenance from her husband.
Here we will discuss one of them i.e. Provisions under 125 Cr.P.C. In
this E-book we will specifically put light on how maintenance claim can be
denied on the grounds of desertion by the wife “Ground
of desertion means that the wife is guilty of refusing to live with her
husband.”
Subsection 4 of 125 Cr.p.c. prohibits the wife from claiming
maintenance if she refuses to live with her husband without sufficient reason. Let’s
start with the Introduction of section 125 Cr.P.C.
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