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Crpc 125

Querist : Anonymous (Querist) 19 January 2018 This query is : Resolved 
Hi,
Me and my wife are not staying together for last 4 years. My wife walked out of my life along with kids due to some issue with my family. In the meanwhile I have always been sending money for her and my kids maintenance (NEFT I have records). Now she has approached court filing a CRPC 125 case against me asking for 10 times the amount I am paying her.

Can I get the case revoked stating:
That the law applies only if
(1) If any person having sufficient means neglects or refuses to maintain.
In my case I am maintaining my wife and kids as per my means and she is asking for 10 times more amount; which I cannot afford.

Also she is working and has an income source.

Would be great help if you can respond to my query.

Regards.
Vijay Raj Mahajan (Expert) 19 January 2018
Yes all your pleadings in reply to her maintenance petition u/s 125 Cr. P. C will state all this but you must continue the amount you are already sending her and yourself offer the same amount to her when you appears in the Family Court and asked very specifically about the amount you are ready to pay her.
Rest court will decide the issues raised by both parties on merits based on evidence on record.
Also find out her source of income and bank balance that she by all means hide to get maximum amount of maintenance order from the court.
Dr J C Vashista (Expert) 20 January 2018
If you want to seek an obligation of FREE experts advise you are required to disclose your identity, no reply for an anonymous author.
However, close this question and consult a local lawyer for proper appreciation, analyses, opinion and guidance.
T. Kalaiselvan, Advocate (Expert) 25 January 2018
You can challenge her case in the court of law based on the merits and documentary evidences in your possession


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