Victim of Wife Harrashment 19 December 2021

125 cr.pc case filed at family court for maintenance

Wife filed 125 Cr.PC petition at Family court at Bangalore. She is not showing interest to stay with me (husband) instead expecting monthly maintenance and stay away with my son aged 4 years. She was MBA qualified person with 8-10 years’ work experience and can earn sufficient money for her survival at Bangalore. Due to kid she is not working for the last 4 years. I am government employee wants my wife to stay with me and enjoy the benefits like medical, children education etc. She is not shown interest. Please advise me for the following:

1. I received the intimation letter or summons, if do not go first time any issue? Can I send my cousin brother or my father to appear in place of me.

2. We want to file a Child custody case at Delhi and also for Divorce under cruelty as a reason? Since the Maintenance case if filed at Bangalore, Can I file child custody and divorce case at Delhi?

3. There is a complaint filed by me and mother three year back at Women Cell, Delhi for domestic violence created by wife. Currently the case is not active but the complaint with Women cell. Can my mother initiate the Domestic Violence case on my wife? Wife thrown out of me and mother and stayed in my flat where I was paying the rent. Also wife defamed my name creating verbal fights at my workplace and slapped infront of my colleagues. Also she behaved very cruelly with my son, he gets scared with her behavior.

4. Wife recently purchased house in her Place without my knowledge and just informed me one week before registration she bought a residential house. She has own house and gets rental income. Also she has 40 lakhs fixed deposits in the bank which generates monthly interest for her survival. She also qualified woman with 8 years worked as financial executive at Bangalore and also worked few years at UAE. Currently she is at home because of kid. Kindly suggest me what are chances for me to pay the maintenance for a qualified woman having sufficient income.

5. Have verbal recording, where she was fighting with mom and abusing her asking her to commit suicide. Similarly in the recent visit to matrimonial home, she behaved similar manner, infront of landlord she mentioned she is praying god for my sudden death (either by road accident or by organ failures due to diabetic). Suggest me how to deal the issue? What case I should file on my wife, so that it is not affecting me and my government job.

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4 Replies

Shashi Dhara 20 December 2021

Be alone ,don't try to convince or compromise with her ,leave her for few months without contact .if she goes to court defend and compromise if she agrees.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 December 2021

When summons are served upon you as a respondent in any petition, you may yourself appear before the concerned Court. You may also appear by a pleader or Advocate, whom you should properly instruct so that he is able to answer all material questions before the Court. Any other person who is able to answer all material questions may also appear before the Court on your behalf, accompanied by a pleader. However, go through the summons carefully. If the summons requires that you are to personally appear, then you have to appear before the Court on the given date. (Order V, CPC).

SHIRISH PAWAR, 7738990900 (Advocate) 20 December 2021

Hello,

1. You can appoint advocate who can appear on your behalf.

2. You can file divorce case and child custody case in Delhi as per facts of the case.

3. You can take the benefit of previous filed case in your prospective cases.

4. You can narrate the wife's financial status before court. This will help in maintenance case.

5. Your mother can file case against your wife about her cruelty. She can also approach senior citizen cell.

Aryan Raj 20 December 2021

In response to your query,

Yes section 125 of CRPC say that a man who can sufficiently provide for his wife, minor children or parents shall be responsible to give a monthly allowance as maintenance to them as the case may suggest, but this provision cannot be misused and if you give sufficient evidence in the court to prove that your wife is deciding not to stay with you without sufficient reason or if you can prove that she is self-sufficient to provide for herself and is trying misuse the law you will be having and upper hand in the case and you can get your child's custody as well.

Regards,

Aryan Raj