Section 125 CrPC or Maintenance Case?
family ap_lawcet beginner mcq_helpOkay, guys, this question was in last year's AP LAWCET. I remember I was so confident about my answer, but it turned out to be a silly mistake. Here it is: In a Section 125 CrPC case, which one of the following is not a ground for granting maintenance to a wife?
A) She is unable to maintain herself due to physical disability B) Her husband has sufficient means to maintain her C) The wife had not made any provision for her own maintenance at the time of marriage D) The husband is living in adultery
My attempt was C, I just thought it's a no-brainer, but our professor said it's the wrong answer. Can you guess what the correct answer is?
5 Comments
Mere dost, Section 125 CrPC aur Maintenance Case donon hi ek hi baat hain. Ye ek legal provision hai jo kisi bhi mahila ko apne pati se ek fixed maintenance pradan karne ka adhikar deta hai, jab wo kisi bhi aarthik samasya mein pad jaati hai.
"Bro, section 125 CrPC aur maintenance case don't sahi se alag hai. Section 125 CrPC mein maintenance ka adhikar hai, jabki maintenance case ka adhikar civil court mein hota hai. Lekin, kabhi-kabhi court dono cases ko ek saath hi sunte hai, jab mahila ka dhang ki zaroorat ho aur apni dhang se uski zameen, property, ya salary ki pahchhan nahin ho.
Bro, if wife is demanding maintenance, it's better to go for a Section 125 CrPC case. Maintenance is a recurring expense, under this, you just need to pay a fixed amount, usually 1/3rd of your income. But if wife is claiming dowry harassment or seeking divorce, Maintenance case might not be the best option, better to consult a lawyer first.
"Sab log yehi sawaal puchte rehte hain: Section 125 CrPC ya Maintenance Case kya hai? To, main aapko batata hoon ki isme koi farq nahi hai. Doh ek hi cheez hai, bas naam badla hua hai. Section 125 apne pati ya patni ko apne paas rakhne ke liye paise dena padte hain agar ve apne ghar se nikal gaye hain. Maintenance Case bhi aisa hi hai.
Bro, Section 125 CrPC and Maintenance Case are almost the same thing. Both are related to financial support for family members. But the key difference is, Section 125 is a legal obligation of a spouse towards their dependent family members, whereas Maintenance Case is more of a civil suit. So, if you're dealing with a defaulting spouse, Section 125 is the way to go!