What is Section 125(4) in maintenance cases?

What is Section 125(4) in a maintenance case? How can a husband register a Section 125(4) case against his wife in a maintenance case? If the wife is proven guilty under Section 125(4) in a maintenance case, how can the husband prove this in court? How long does it typically take for a Section 125(4) case to be decided? Please also outline the stages in a Section 125 maintenance case, along with the estimated completion time for each stage. Additionally, could you provide judgments related to Section 125(4) along with their titles and years?

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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 29 Oct 2024

A wife is not entitled to maintenance under Section 125(4) if she is living in adultery, has left her husband's home without a good reason, or has jointly chosen to live apart. By demonstrating that the wife's actions exclude her from claiming support, the husband may invoke Section 125(4) to obtain relief. When the wife files for support under Section 125, the husband is required to oppose, stating that he is disqualified under Section 125(4). filing of the husband's Section 125(4) objection to the wife's maintenance petition. One to two months following the last arguments. The Supreme Court ruled in Rohtash Singh v. Ramendri (2000) that a wife who leaves her husband without a good reason is not entitled to support.

Admin
Advocate By LEAD INDIA Answered: 23 Oct 2024

Sir, the Section 125(4) states that if a wife is living separately from her husband without sufficient reason, she is not entitled to maintenance and the husband can file an application in the same maintenance case where the wife has sought maintenance, asserting that she is living separately without just cause. The duration of the case depends on court schedules and case complexity. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.

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