Crpc 125 judgment by family court

DV victimmmm (Querist) 30 July 2014 This query is : Resolved
Hello experts,
Here are some facts about my case:
1. wife left my home in Nov 2010 and filed DV case in Sept 2011.Case dismissed by JMFC court in Feb 2013 and she did not get anything
2. She filed crpc 125 in Nov 2012 and I filed for divorce after dismissal of DV case.Counseling efforts failed and JMFC judge clearly mentioned in the judgment that she never made an effort for settling the matter.
In the judgment given by family court in crpc 125 filed by my wife, the judge has said that it is true that all allegations made by my wife are false and also that I should get benefit of subsection 4 of crpc125 as wife has deserted me without any reason.
However, as I have filed divorce case and I am not willing to cohabit with her and as crpc 125 is a beneficiary application,the judge awarded Rs 5000 per month to my wife and rs 3000 to my daughter. I had already agreed to pay maintenance to my daughter at the start of the case.Also my wife is working and earning around 20000 per month. I have appealed in High court against this judgment
My questions are:
1.Is whether case under crpc 125 is really a beneficiary application only ? can a woman get maintenance even if she has willfully left her matrimonial house?
2.is it possible to get stay order by High court and stop maintenance to wife only?

Thanks in advance for your valuable suggestions and guidance.

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Devajyoti Barman (Expert) 30 July 2014
1.Yes, it is beneficial piece of legislation.No but only if you could prove her desertion. Mere allegation is not enough.
2.Stay order would be given on the condition of making payment even if lesser than the amount already directed by Magistrate.

Rajendra K Goyal (Expert) 30 July 2014
Agree with the expert Barman ji.

DV victimmmm (Querist) 30 July 2014
Thanks a lot Barman Sir for your reply.Desertion is proved and Family court judgment clearly says that all allegations made by my wife are false> The judgment also says that I should get benefit of subsection 4 of crpc 125.The family court is convinced that my wife had deserted me and filed a false case but still granted maintenance as I have filed divorce case as it is beneficial legislation. I have not only proved desertion but also proved that my wife well qualified and earning well.My question is if it is beneficial legislation then what is use of subsection 4 of crpc 125 and what is use of proving my innocence?

Nadeem Qureshi (Expert) 31 July 2014
Dear Querist
argue the matter before HC regarding her capability of earning as you informed that she is earning 20000/- per month, hance she is not entitled to get any maintenance from you, submit some SC/HC judgements, it will be beneficial for you to win the case.
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