Cr pc 125

girish (Querist) 01 September 2014 This query is : Resolved
I have a child from 1st wife,& she expired due to health issue, i have married(she is jobless) & my second wife is harrassing my child,& i have filed divorce under harrassement , she has applied for maintainance under sec-125, CrPC,
need your support for avoiding maintenence, which section in law is applicable in

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Devajyoti Barman (Expert) 01 September 2014
If your wife is unemployed, you can not avid maintenance.

ajay sethi (Expert) 01 September 2014
you will have to pay maintenance if wife is unemployed

Rajendra K Goyal (Expert) 01 September 2014
She is entitled, try to have amicable solution.

Laxmi Kant Joshi (Expert) 01 September 2014
She is an unemployed lady hence she is entitle to get maintenance.

V R SHROFF (Expert) 01 September 2014
You cannot avoid payment of mtn under 125 mtn. [ unless you prove her unchaste/ adultery/ your marriage was void/ she is earning/ .. etc etc.../ residing separate on her own will, voluntarily, or under consent, that you never refuse or neglected her to maintain/ very difficult]

girish (Querist) 02 September 2014
For same case, I had filed in Belgaum dist court , she applied for transfer to Mysore court , as she is residing in mysore( High court passed an order i should attend case in mysore district court, when ever i go to attend case, her lawyer & she are taking adjournments & further harassing me & my lawyer, & she is not ready for cross examine for Cr.PC.125 , she is evading court, how to tackle this, pls help

V R SHROFF (Expert) 02 September 2014
Object adjournment; claim cost of ur travelling etc;
Court 's pleasure!!
Tact of fighting court case.
Order will be passed to pay mtn from date of Application: So she is accumulating huge ARREARS, AT HIGHER RATE DUE TO INFLATION, AND LAWYERS WILL GET THEIR BIGGER CUT!!!

iT IS USUAL PRACTICE IN 125 CR P C .. THOUGH GUIDLINE IS TO FINISH CASE WITHIN 6 MONTHS,TO AVOID STARVATION OF WIFE AND CHILDREN!!!

girish (Querist) 03 September 2014
Thanks Sir
Above case , my wife is a divorcee & had settled outside court settlement, from first marriage, in first marriage in papers she has shown as she has not taken money for settlement, & in my case, i have filed divorce case under harrassement section,& abuse of my child from first wife( already expired),i have her divorce papers from her first marriage , should i use it as evidence in court against her, that she is doing same repeatitive mistakes after marriage,
pls suggest