No maintenance for Qualified wife – CrPC 125

IN THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) 1153/2008

KAVITA PRASAD ….. Petitioner
Through: Mr. S.D. Singh, Adv.
versus
RAM ASHRAY PRASAD ….. Respondent
Through:
CORAM:HON’BLE MR. JUSTICE SHIV NARAYAN DHINGRA

O R D E R
01.10.2008
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.
List on 23rd October, 2008.

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SHIV NARAYAN DHINGRA,J
OCTOBER 01, 2008

6 thoughts on “No maintenance for Qualified wife – CrPC 125

  1. if the divorce case is filed against my wife. then when she’ll file 125crpc

  2. Sir,/Madam,
    I file the case under section -9.After when i release that section my wife is shoot the two cases section -12 {domestic vilence & section 125 .My wife has done MCA .Please suggest me.
    I have one daughter she four year old .What are the processor to save my salary .
    My parents are old .
    i am waiting your rsponse.

  3. Sir,
    i file the case against section-9.against my wife when i release my wife shoots two cases 12 & 125 .i have one daughter .my wife is MCA .can i pay adovacate fee which my wife appointed .
    how much i will pay in my salary .

  4. Respected sir,

    Under domestic voilence act my wife all ready granted the maintenance order of Rs 4000/- and as per the order I should get set off in any other maintenance ordered by other court , which is 125 crpc . There has been ex party order of 8000/- Rs in 125 crpc but the judge is takig faver of my wife and refused to except the set off of Rs 4000/- . My wife even had a custody of my house and child….I am stragling from past 4 years and belongs to a defence family . She use to come to court with the person she is intangled and had some political sources. Kindly advice what I can do to get out of this problem .

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