Apni Law Staff asked 1 year ago
My wife and I were married on December 17th, 1987, but she has lived separately with her parents since then. Now, after 27 years, she is seeking maintenance under Section 125 of the CrPC. We have barely spent ten days together after our marriage. Is she entitled to maintenance under these circumstances? She has filed the case in Yammiganur, Andhra Pradesh, while I reside and work for the Government in Raichur, Karnataka. Is the court’s jurisdiction in Yammiganur appropriate given that she does not live there, and I am in a different state?
Best Answer
Apni Law Staff answered 1 year ago
Under Section 125 of the CrPC, a wife is entitled to maintenance even if she has been living separately for a long time, provided she can prove her husband’s ability to pay. However, the Yammiganur court’s jurisdiction may be questioned since you reside and work in a different state. The court will consider factors like your wife’s residence and the place where you are likely to be served with the notice to determine jurisdiction.
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