CrPC 125 is meant to serve as a tool to prevent destitution. Highly qualified Indian women have been harassing their husbands by filing these cases to sit on their butts and collect healthy tax free pay checks.
Justice Dhingra has turned his attention to putting an end to this malaise of laziness. This judgment embodies everything that can be done to end the abuse of CrPC 125.
Here is the text of this short and sharp judgment:
The petitioner who is an MBBS qualified Doctor and admittedly had been in practice before, claims that she was sitting at home despite being a qualified Doctor and does not work. The petitioner claimed maintenance against her husband who is in service. The Trial Court granted maintenance of Rs.4,000/- per month. This petition is made against observation of the Trial Court that she was working somewhere and earning around Rs.8,000 to 10,000/- PM and that the maintenance granted by the Trial Court was made subject to adjustment of the maintenance being received by her under Section 125. Since counsel for the petitioner states that petitioner is not working anywhere, despite being a qualified Doctor, I consider that as she is receiving maintenance from husband, the Court should not allow her experience and qualification to go waste. I consider that she should be directed to work as a honorary Doctor in some public welfare institute or school free of charges where she can take care of health of the poor people. Let her come to Court and give an undertaking that she was prepared to work without charging anything in any institution named by this Court around her house minimum 5 hours a day and 6 days a week, so long she receives maintenance from her husband on the plea of being unemployed.
Here is the judgment: Justice Dhingra’s Landmark Judgment On Purpose Of CrPC 125
PS:
Thanks to the visitor who posted this judgment on my blog as a comment.
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this is a landmark judgment and more and more such judgments should come out from our learned judges so as to put an end to those unscrupulous women filing for maintainence when they are very well capable of maintaining themselves.
my wife is a doctor and she admitted her self as she is a doctor and earning 6000/-Rs per month even though she claimed maintenance and I become jobless due to the false case of dowry 498a and my job in Saudi has been lost because my passport has been seized immediately after filing the case.
So because of this wrong law of dowry case my prosperous family is on the way of breakage
How can I have a faith on a wrong law as a law of peace for my family?
women now a days are missusing their women power by going to women cell , sec 125 cases, dowery etc.
everyone has right to move free but kindly listen to both sides then should take any decission.their should not be any type Warrent issued in this case what i feel bcoz it is social matter.no bailable or non bailable should be issued only summons should come else it becomes ex party.
husband and wife can sit and sought out this matter with thier parents and elders.
Sir
My wife and har family members played fraud upon me by non disclosing her mental problem . I obtained divorce u/s 13 (1) (iii) . Now she filed application u/s cr p c 125. please provide me case laws to defet her
Yours faithfully
Harish Awari
Dear Friends, Please also leave the citations for the judgements you post. A citation is a reference in the law digest which the judgement can refer, while examining these judgements in a any case. this is of utmost importance.
This is landmark judgment for section 125 (Order for maintenance of wives, children and parents). It really affect the mis-using of this legal right.
Thanks for this judgment. it is necessary for man because 80% women misuse CrPC 125 in west bengal.
This judgement is good, because wife do not depend fully on husband and sit ideal. Some 90% wives are using false cases and some greedy parents are collecting money from husband. 498A shoud not be only in the hands of ladies. Proper investigation should be made before arresting any bride.
dear sir, my doughter in law has filed a case for maintenence of rs.100000/- pm andda MERC car for use.This information will come handi while fighting our case in the court.My son works in U K.
My wife is a qualified Draftman & worked in the past years but her father make her stop working. Now she filed a maintenance case against me. How can i stop her. How can i make her working again or how can i win maintenance case.
kindly guide me.
Thanks
Rajeev Sharma
rajb366a@indiatimes.com
Dear Sir,
I am a practicing Chartered Accountant and belong to very typical middile class family. I have my dependant widow mother and other dependant family members residing in my old patrimonial house. I got married in 16.01.2009. From the very first day of marriage I started living in a separate flat with my wife. But I found my wife very greedy about money matters and started demanding money in many occasions particularly whenever we had physical relationship. I found this to be very awkward on her part. She stayed with me for about 1 and half month in different spell before she finally left me on 28.04.2009. Now she has filed a suit against me u/s 125 of crPC. The objective of my inlaws apears to be extorting money as evident from their attitude and talks. More over my wife has differnt kind of addiction. She is a habitual drunker and also very much addicted in smoking, pan masala, gutkha etc. At this stage I am feeling very helpless. Please advise.