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Deserted Husban   28 July 2015

Crpc 125 section 4

Hi All,

The section 4 of CrPC 125 states that when a wife is divorced by Mutual consent then she is not entitled for maintenance, Please clarify this section, My wife has applied for divorce and iam in process of filing a written statement stating i do not want to live her, therefore going for mutual consent. Also later on wife filed CrPC 125 asking for monthly maintenance, In this case if i divroce my by mutual consent, then the maintenance perition will be void, or will that be still in effect, please clarify, i have a 2.5 years old child living along with wife, We have been seperated for more than a year.

Thnank your very much

 

 

 



Learning

 5 Replies

prabhakar advocate (advocate)     28 July 2015

She will not give Mutual consent without getting lumpsum amount for herself and child.


(Guest)

If it is girl child, leave ego and give one to wife properly on face, and  you both continue happy family for sake of child future. If it is boy child do same.

Wife should be treated like wife, not like friend and and guide. More lose u let wife, more she sh*t on your head. Control mein rakhneka. Laaton ke bhoot chutney se nahi maante.

Prasad (Systems Engineer)     29 July 2015

I second Mr.Gyan Prakash.

"

If it is girl child, leave ego and give one to wife properly on face, and  you both continue happy family for sake of child future. If it is boy child do same.

Wife should be treated like wife, not like friend and and guide. More lose u let wife, more she sh*t on your head. Control mein rakhneka. Laaton ke bhoot chutney se nahi maante.

"

rajagopal.s (Lawyer.)     29 July 2015

Hi 

From your statement, i understand that your wife has filed for Divorce and hence living seperately.  You have misinterpreted Cr PC 125 Sec 4. 

Sec 4 of CrPC reads as under :

No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

In your case, your wife is not living seperately by mutual consent. In your case , she has filed for divorce and hence living seperately. 

Legally, You will be liable to pay maintenance to your wife irrespective of whether divorce is by seperation or mutual consent during the peiod of divorce proceedings . Also you need to provide for maintenance for your child as per court directions. 

One peice of Request: In a marriage, we need to keep ego's aside. in the interest of the child, i humbly request you to let go of ego's, accept your wife and child and lead a happy life. because no amount of money will bring you happiness other than your child's laughter.  For the sake of child, even if you have not committed any wrong, please forget the mistakes of your wife and lead a happy family life.  Mine is only a request dear friend. 

vijay   03 October 2015

R/Sir,

Thanks for your advice, but how about a case where a wife is staying away from the husband from more than 4 years and is keeping the daughter with her. the wife is not letting meet the daughter with his father and others. there is no communication between the two from last more than 4 years. the boy and boy side tried their level best to resolve the matter. but failed, as the girl and her family never shown interest for amicabely deciding the matter. Then finally the boy filed a divorce case, but later taken back with a feeling that she may understand that nothing will come out of the court case. but a consequence of this the wife has filed 498a, 406,506, & 34. and aprt from this DV and 125 has also being claimed. she is working as lecturer in govt school.

 

Kindly suggest how does CrPC 125 sec4 will help the boy and any other relevant section that may be of help to the boy.

secondly how to prove that she is separate without any sufficient reason, and what kind of avidence should be prepared and produced to avoid interim and other maintenence.

Kindly suggest

Regards


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