Maintenance Case Procedure Step By Step | भरण पोषण केस की प्रक्रिया | Crpc Section 125

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About This Video -
The term ‘maintenance’ is defined as an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage
or upon separation or divorce. The terms ‘maintenance’ and ‘alimony’ have been used interchangeably, the term alimony means an allowance or amount which a
court orders the husband to pay to the wife for her sustenance. The husband must maintain his wife and this obligation arises in marriage. Such obligations are
imposed on him by operation of law. In this article, we will discuss maintenance for wives under secular law. In India, majorly five communities are identified including Hindus, Muslims, Christians, Jews, and Parsi. These communities have their laws derived from
customs/traditions and laws.
STEP-I: The Petition/Application containing the facts of the case, stating the circumstances on which the wife seeks to claim maintenance, all
personal relevant details is filed before the Family Courts.

STEP-II: Family Court scrutinizes the petition and issues notice to Husband against whom the petition has been filed by the wife.

STEP-III: The parties are directed to appear before the court for reconciliation in all of the cases at Delhi and efforts by the court is made to
reconcile them at first.

STEP-IV: If the reconciliation proceedings being conducted by the Family Court end successful then the matter stands settled. If the reconciliation
proceedings end in failure then the Family Court proceeds with the Petition on merits.

STEP-IV: The Family Court directs the opposite party to file reply to the petition stating facts which he/she admits or denies in the petition. In Delhi
the courts also ask both parties to file their detailed Income affidavit so that it can infer the capacities and liabilities of the parties.

STEP-V: The petitioner is directed to file his rebuttal/rejoinder to reply filed by the opposite party. The application for interim maintenance (During
the pendency of the Petition) etc. is decided by the court at this stage of the case.

STEP-VI: The court frames the issues for adjudications and the matter is posted for evidence of the parties.

STEP-VII: The petitioner is directed to lead its evidence by way of filing the relevant documents, papers and by summoning all its witness

STEP-VIII: The respondent is asked to lead its evidence by way of filing of the relevant documents, papers and by summoning all its witnesses.
STEP-IX: The final arguments in the matter are held and the matter is decided by the court.

STEP-X: The court finally passes the order/judgement where it may either dismiss the petition or allow the petition and direct the other party to pay
an amount as directed by the Court monthly.

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