Maintenance 125(3) - husband want to maintain wife only when she lives with her

498A_HARRASED (Querist) 24 July 2016 This query is : Resolved
Hello,

I got an order in jun'15 from high court that mediation to be done by the presiding officer/judge of that court between the husband and wife (infact, this was asked by me at that time) but this order was not given to me by my high court lawyer and at that time he stated that only dismissed that petition... and after seven months i.e., feb'16 the judge ordered 5k per month as maintenance...

I preferred appeal over feb'16 judgment and high court stayed the order in jun'16 and asked me to pay 2.5k per month i.e., 50% of amount awarded...

and in may'16 wife filed petition under 128 crpc for recovery of maintenance and still i did not get any summons on it...

I want to maintain my wife on condition that she lives with me at matrimonial house...and for that i want to file 125(3) and also stating the jun'15 high court order for doing mediation between husband/wife for making them living to together.... and also I wanted to ask for recording using 11 of family court act...

please advise whether any problems for filing 125(3) crpc and 11 of family court act for videographing the proceedigns...

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498A_HARRASED (Querist) 24 July 2016
Change in the subject line its him not her..

Maintenance 125(3) - husband want to maintain wife only when she lives with him*

Guest (Expert) 24 July 2016
You don't have any discretion as against the orders of the court..

498A_HARRASED (Querist) 24 July 2016
in fact, the maintenance order was obtained by fraud based upon which it was challenged in high court but the court said it will look into the matter soon when the notice is delievered to the opp party...

125(3) clearly states husband can offer wife to be maintained only when she resides with me...

please let me kwno why i should not give such offer.... its genuine offer...

Guest (Expert) 24 July 2016
Orders obtained fraudulently or with honesty, once made by the court has to be complied with until modified by subsequent orders.

If you feel that your information about sec. 125(3) is correct, you may try your luck.

Devajyoti Barman (Expert) 24 July 2016
The offer of husband to stay with wife is no excuse the wife prima facie show that she can not stay with her husband due to torture of her husband.
Rather concentrate on the revision filed in high court.

498A_HARRASED (Querist) 24 July 2016
Thanks Dhingra and Barman ji....

there is no doubt that i will concentrate on revision for sure...

Initially, i asked high court for matrimonial reunion and also now i wanted to file 125(3) by statying that i will "maintain" her only when she resides with me...

so when statue gives that permission, how could it be excuse....

another problem is order/judgement obtained by fraud is nullity by itelf and its nullity of section 44 of evidence act.....its all about law which i could tackle later in high court...

but the question is i want to "maintain" her if she resides with me not "mere stay" with her....

so will there be any issue in filling it... thats want i wanted to know....

Devajyoti Barman (Expert) 24 July 2016
it would be futile exercise for sure.

498A_HARRASED (Querist) 24 July 2016
is there any order/judgement so far in favour of the husband while offering for staying of wife with him using 125(3) crpc.... could you please let me know that as well...

498A_HARRASED (Querist) 24 July 2016
my humble request, also could you please elaborate the answer about "futile excercise"...

how that will be futile... im really sorry, im unable to understand it....could you please explain...

Guest (Expert) 25 July 2016
By the way what will you do with any order/ judgement? If you can do anything with order/judgement, why not ask your own hired lawyer to do his own home work properly?

WHY EXPECT OTHERS TO HIS OWN HOME WORK IN SEARCHING ANY ORDER/ JUDGMENT?

498A_HARRASED (Querist) 25 July 2016
Thanks for the update Dhingra ji...

first of all, i do not have any lawyer... im fighting the false cases by my own as party-in-person...

i did not ask anyone to search anything if not readily available with them... im asking if anyone aware of such order/judgement where husband asked for such prayer and the outcome of such prayer...atleast the person invovled in them so that i can search myself...

I do not wish the topic i requested to be diverted to other things...

sincerely, whether asking genuinely for reunion with wife to be maintained on condition that she lives with me...will be problem...

Guest (Expert) 25 July 2016
Orders and judgments can never be readily at hand and cannot be located by anyone without search out of thousands of such archived documents. Moreover any order or judgment cannot be enforced universally, until relief is allowed by the judge of the case, provided there are similarities of characteristics, nature and circumstances of the case with the case under trial.

So, if you are fighting your own case, you will have to search any such order judgment that could apply in your case. You may take help of google search engine for the purpose.

498A_HARRASED (Querist) 25 July 2016
I did google search and i did not get it... so only asking here... ok, will do further search on it...

could you please shed some information on this...i would be very much thankful to you...

whether asking genuinely for reunion with wife to be maintained on condition that she lives with me...will be problem...? or normally the courts only looks for supporting the extortion from wife in maintenance case...

Guest (Expert) 25 July 2016
Take help of some local lawyer.

P. Venu (Expert) 25 July 2016
" im fighting the false cases by my own as party-in-person..." The how is it that "but this order was not given to me by my high court lawyer and at that time he stated that only dismissed that petition... ?

498A_HARRASED (Querist) 25 July 2016
Hello Venu ji,

Yes im fighting party-in-person at lower/family court.

In high court i have lawyer for filing and arguing...

498A_HARRASED (Querist) 25 July 2016
The question for 125(3) is asked for filing at lower court...

so could you please give me any suggestions on it.... thanks...