Gaurav (Engineer) 28 April 2014

125 - maintenence

My wife has filed 498A case against myself and my parents. She has also filed 125 case to get the monthly allowance for herself and her minor son who is staying with her.

I have evidences like audio recording, SMS's and the statements given before the magistrate which proves that she deserted her husband without any sufficient reasons and staying with her parents for 2.5 years.

I would like to know wheather HC and SC will deny maintenence to her according to section section 4 which says that wife is not entitile for alimony if she deserted her matrimonial home without any reason.

I have filed divorce on desertion and cruelty grounds and it is on EVIDENCE stage. Will I get divorce on desertion and cruelty grounds ?

Kindly advise.

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Laxmi Kant Joshi (Advocate ) 28 April 2014

Gaurav , if your wife is not a working woman or not get sufficient amount to maintainance herself then she can get maintenance amount for herself and for your minor son from you u/s 125 crpc , 2. pove yourself and your parents innocence in 498a case as you have The proof of her false allegations 3 . you can get divorce easily if you can prove in the court as you have recording of proofs with you that she willfully left her matrimonial home , in this case she will not entitle for her maintenance amount but you have to pay maintenance towards your minor son .