Victimof498a (Learner) 14 October 2011

Crpc 125 maintenance help

I am working professional and my gross salary is around 70K and my take home is around 30K.
i have opted for VPF and took loans, so my take home salary is around 30K.

She is B.com, LLB and ICWAI.She has registered as Member in Karnataka Bar Council and she has given
Resume to my organisation stating that she has worked both as Advocate and Accountant in two firms.She's
not working now.

Our marriage is not consummated, she herself has deserted me since Feb 2007.They vacated the house and they were not traceable from that time.

She filed 498a case in june 2008.I met with an major accident and undergone knee surgery and the same has
been informed to them, thinking that they will come and settle the things peacefully and save the marriage.

Now i got convicted in aug 2011 and all my parents got out of 498a.My revision petition for 498a has been
filed and it is going on .

Since Jan 2011, i am on bench without any work in my office.

They tried for my salary details through my office, as mine is a pvt job my organization told that my company will not come under RTI and didnt give the details.

Now They have applied through court and got the salary details of mine i believe.

I have aged parents wherein lot of money goes for their medicine and treatment, for my physiotherapy
and other expenses.

What are the chances of maintenance in this case.

( my Crpc 125 case is on 29th of this month, so please help)

Reply Follow

12 Replies

Manav Kalia (Arguing my own cases..) 14 October 2011

If you are not earning currently then their should be no maintenance. But court might get idea that you have not been forthcoming about your income in the past and may take a decision based on that. Do you have any property in your name?

Parth Chandra (none) 14 October 2011

1. Are you ready to live with her? - Yes

2. Can she prove her allegation - No

3. Have you divorced her - No

4. Do you have any kids living with her - No

If answers to above questions are what I have mentioned then Final Order in crpc 125 should not go against you.

However the fact that you have been covicted in 498a and are in appeal is sufficient to grant her interim maintenance till the trial is over.

You can go through judgements on crpc 125 available @ https://www.lawyersclubindia.com/forum/Re-Judgement-helping-innocent-husbands-24586.asp to know more about the law.

Regards,

Victimof498a (Learner) 14 October 2011

Dear Mirag

Thanks for the quick reply. I dont have any property on my name.But have debts of around 8 Lakhs which i have taken for the marriage and other medical expenses.But they have written the same story like i haev many shops, houses and out of all those my montly iincome is more than 2 lakhs and she need 25% of it i.e 50K.

Without giving a single chance, ex-parte was passed for 15K i have challenged that in the district sessions court and got the stay for the same.

I have lot of burdens of my parents and medical expenses for self and aged parents.

Manav Kalia (Arguing my own cases..) 14 October 2011

It all depends on how well you are able to project your case. If you have no income and no property then even if you are asked to pay any maintenance by the court you can always ask for revision in same our higher court. Btw can you get a zero income statement from any CA and submit in court. It would really help your case of maintenance.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 14 October 2011

Dear Friend Victim

no need to worry about the maintinance, when she is able to maintain herself then the maintinance petition is not maintanable.

feel free to call me on 9953809956

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 14 October 2011

Repeated query, alrealy replied in another section.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

(Guest)

Originally posted by :Nadeem Qureshi
"	Dear Friend Victim no need to worry about the maintinance, when she is able to maintain herself then the maintinance petition is not maintanable. feel free to call me on 9953809956	"

Nadeem sir, u always write feel free to call me on 9953809956.

I just wanted to know do you give legal advice for free..?

Mahendra Jadhav (Advocate) 15 October 2011

mt friend is a muslim boy married with a girl two years before, she is from maharashtra. they have a small kid as of now. since few months she has been torturing my friend mentally by the fear of police and other mental stress. It is clear that she is not interested in the marital life with him. this dispute arose to the highest level and my friend has divorced her few days back in witness of thier religious heads and other family members. Now she has filed case under sec.498a in andhra pradesh and under sec 3 od domestic voilence and sec 125 of cr pc for maintainance in maharashtra court.

advice me

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 October 2011

What advise you need.

If talaaq ws proper, she can not file 498-a. However DV and 125 would need to be fought on merits.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..) 16 October 2011

If wife says no to divorce and she wants to stay with you, then can she still file crpc125? Is it not for permanent alimony that the wife also wants divorce?

Mahendra Jadhav (Advocate) 17 October 2011

i need to know whether she can file two cases in two different states? i am aware that we can file two different cases on different subject matter in two different jurisdictional areas,but as par I know a muslim woman cannot file 498a DV and 125 crpc after husbands gives her divorce before the religious heads. in fact the husband once agreed to live marital life with her but she denied henceforth.Could you plz let me know how the case will go ahead and on which merits DV and 125crpc will be fought when there is already a case has been filed in other court?