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JONAM (ADMININSTRATION)     31 December 2014

How to fight 125crpc

CAN ANYBODY GUIDE ME WITH 125c.r.p.c.

My arguments for 125crpc is about to start can anybody guide me as to how do I defend my case. I want to give maintenance for my child there is no second thought but genuine and on shared basis since we both are working & equally qualified. BACK GROUND OF MY CASE

1 WIFE filed Divorce along with permanent custody u/s 13(1) (i) a of H.M.A ON 01/01/2013 towards Mental Cruelty

2 She has also filed 125CRPC for maintenance of her & our daughter RS 50000/- + 25000/-=75000/-P.M along with 1bhk residence accommodation near to her PARENTS stay in LOKHANDWALA, MUMBAI currently staying with her parents

3 HER BACKGROUND ----HOMEOPATHY DOCTOR with part time (2hrs) practice which she says is running in losses since last 14 years since she started practice. No income proof and never filed I.T.R or bank account to prove

4 MY BACKGROUND -----MBA (finance) but in JOINT family business. Drawing salary since last 14 years also filing I.T.R every year. I have reveled in my written statement but she says it is false and I earn more than 3Llakhs a month

5 I have filed my written statement for no cruelty made and counter claimed R.C.R. since she has been influenced by someone.

6 ON 20/08/2014 I have also filed written statement towards interim maintenance that she has overstated her expenditure & have asked to produce her Income & Expenditure statement. In this I have agreed to share the child’s expenditure on equal basis. 

7 She claims in her written statement of interim maintenance the bifurcation of her 75000/- P.M spending which are over stated, flimsy and NOT ACCEPTABLE. In fact the bi-fuercations includes doctor fees pyscological consultation fees tuttion fees savings for herself savings for the daughter

HOW DO I FIGHT THIS OUT.
PLEASE GUIDE THE MATTER IS UP FOR DISCUSSION NEXT WEEK



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 2 Replies

Laxmi Kant Joshi (Advocate )     31 December 2014

You both are equally liable for maintenance of your child , you can declare your earning proof by supporting your itr , bank statement etc and refuges all her unlawful allegations , you can also asks about her earnings by exhibiting her homeopathic clinic with complete address supported by photograph , her educational certificate before the court that she is capable to maintain herself and the child , on the basis of these you can request the court not to grant any maintenance to her but you are ready to give proportional maintenance for your child .

T. Kalaiselvan, Advocate (Advocate)     03 January 2015

You have to fight it out on merits on your side because since you have already engaged an advocate, he may be in a different idea using his own strategy to challenge the case, be in touch with him/her.


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