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Harish (Professor)     06 March 2015

Want divorce but how to escape from 125crpc

I am a Husband, a victim of an arrogant wife who does not want to live with my parents and being the only caretaker i can't leave my parents for her. It was a love marriage in 2010, She hardly live with me for 3 months and after that things started messing up, she used to abuse my parents and disrespect my mother. Her parents were also supporting her and wanted me to take a seperate accomodation to live with her without my parents. We have a daughter too. Since last 3.5 years she is living with her parents and even after my endless efforts she does not want to come back. I have filled a divorce petition on basis of cruelty and she sent a 125CRPC . I don't want to pay money to that lady. Is there any way to escape from paying maintenance. What step should i take now, my life is miserable. I am still ready to accept her if she wants to come but she has clearly refused it many at times over phone whenever i tried. I can not wait for her anymore and wants to start a new life. plesae help me.



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 10 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 March 2015

 

 

Ill be down right frrank with you. Maintenance you shall have to pay. If not to your wife then definitely to your child. However there are ample ways of ensuring that the money you pay to the chil does not stand to be exorbitantly high. The reply to the said petition alongwith the status of your finances that are reflected in your affidavit need to be regulated carefully. 

If you draft a good reply, you may manage to eavde paying maintenance to your wife. However the child shall be awarded maintenance in all probability. However set up a good defence and the amount shall be something you are comfortable with

 

Augustine Chatterjee

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R.K Nanda (Advocate)     06 March 2015

u will have to pay maintenance to her till divorce is granted by court.

 

For Paid Phone legal Consultation Press CLICK TO TALK  Option.

saravanan s (legal advisor)     07 March 2015

if your wife is working and if you could prove it she is not entitled to get maintenance but you definitely need to pay maintenance to the child

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 March 2015

Dear, In 125 Cr.P.C if the wife leave with out any sufficient reason then she is not entitled to any maintenance..... Take this as a defence ... For child I think you should pay for your daughter and that too for her education and all.... In a way you can pay her school fees yourself and other expenses yourself with court permission if court ask to pay any amount for child ..... Kapil Chandna Adv 9899011450

dr.pawan rajyan (member and secretory)     10 March 2015

Working /highly educated/willingly deserting wife is not entitled for maintainance,fight 125 On these grounds. But have to pay for child. regards

dr.pawan rajyan (member and secretory)     10 March 2015

Working /highly educated/willingly deserting wife is not entitled for maintainance,fight 125 On these grounds. But have to pay for child. regards

T. Kalaiselvan, Advocate (Advocate)     10 March 2015

Maintenance amount is to be paid to the wife if she is not employed  but can make grounds that she is not interested to return and she deserted the matrimonial home on her own etc.   Consult a local lawyer and proceed as per his further advice.

K.P.Satish Kumar (Advocate)     16 March 2015

File restitution of conjugal rights if your wife denies without valid reasons no need to give maintenance. 

Biswanath Roy (Advocate)     17 March 2015

Do you meant to say  your question is ' how you can enjoy an unmarried girl without any monitory compensation' ?

reunion2   20 March 2015

Originally posted by : saravanan.s

if your wife is working and if you could prove it she is not entitled to get maintenance but you definitely need to pay maintenance to the child

Hello Saravanan Sir,

 

 

 

I am also in the same condition like Hari 'https://www.lawyersclubindia.com/forum/Want-divorce-but-how-to-escape-from-125crpc-117668.asp ' where my wife is not ready to stay with my parents. Having only son i only need to take care of my parents. My situation is 100 % same; My wife used to abuse my parents and disrespect them. 

But there are some difference

1. My parents are not staying with me. They are staying in native and i am staying in Bangalore. Now my mother is not well so i asked my wife to stay some time here. She denied. I am staying with my parents last 4 months. Some how managing my job.

2. Last 2.5 yrs she always tourchered me but some how i kept quite but when she started fiting with my parents i need to take a strong decision.

3. 2.5 yrs was full of fight. Occational relationship was also with precausion. No Kid at all.

4. By her wish she is staying in Bangalore and searching for job which she will defenetly get it

 

I want a suggestion shd i apply for diovorce or wait for her to apply. As she will be working what will be amount i need to pay to her?

 

thanks


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