Search on Google: Securing Financial Stability: A Comprehensive Guide for Wives Seeking Maintenance under Section 125, CrPC in Mohali District Court
1. I have been married for 10 years and have two children. My husband has been neglecting his duty to provide for us for the past two years. I am currently unemployed and unable to meet our basic needs. Can I file a case under Section 125, CrPC in Mohali District Court?
2. My husband is a businessman and has multiple sources of income, but he refuses to disclose them. How can I ensure that the court takes into account all his income sources while deciding the maintenance amount?
3. Considering that I am unemployed, does the court take into account my potential earning capacity or just my current financial situation while determining the maintenance?
4. My husband has threatened to quit his job if I file for maintenance. What measures does the court take to prevent such tactics?
5. I have heard that the maintenance amount can be revised if there are changes in circumstances. What kind of changes qualify for this and how can I apply for a revision?
6. In case my husband refuses to pay the court-ordered maintenance, what legal recourse do I have? How can the Mohali District Court ensure that he complies with the order?
Legal Opinion:
1. Yes, you can file a case under Section 125 of the CrPC in Mohali District Court. This section provides a legal right to wives, children, and parents who are unable to maintain themselves, to claim maintenance from the person legally obligated to maintain them. The court will consider factors such as the husband’s income, the wife’s own income, and the standard of living enjoyed by the wife in her matrimonial home.
2. The court will take into account all sources of income of your husband while deciding the maintenance amount. If your husband refuses to disclose his income sources, you can present evidence to prove his income. This can be done through his tax returns, bank statements, property documents etc. The court can also direct him to submit an affidavit declaring his income.
3. While determining the maintenance amount, the court primarily considers the current financial situation of both parties. However, if it is found that you have deliberately chosen not to work despite having qualifications and opportunities, the court may consider your potential earning capacity.
4. The court is very much aware of such tactics used by husbands to evade maintenance. If your husband quits his job, it will not relieve him from his obligation to pay maintenance. The court may consider his earning capacity and potential income while deciding the maintenance amount.
5. Yes, the maintenance amount can be revised if there is a substantial change in circumstances. This could be a significant increase in your husband’s income, a significant decrease in your financial resources or an increase in the cost of living etc. You can apply for a revision by filing an application in the same court where the maintenance order was passed.
6. If your husband refuses to pay the court-ordered maintenance, you can file an execution petition in the court for enforcement of the order. The court can take various measures to ensure compliance with its order, including attachment of his property or salary, or even imprisonment in case of continued default.
Please note that this is a general legal opinion based on the information provided by you. I would recommend that you consult with a divorce lawyer in Chandigarh to discuss the specifics of your case.