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Manoj (Personal)     30 July 2012

Maintenance under crpc 125

Hello everyone - I have on ongoing divorce case in the family court of Chennai. We went for one counseling session after which the future sessions were cancelled since my spouse and her family had harassed me through a police complaint. After a couple of dates, the judge had given an ultimatum for filing the counter, which they did at the last minute. In between, the spouse and family had registered a new petition and has sought maintenance under CrPC sec 125.

In her petition, she has stated that I am not taking care of neither her nor my daughter and I need to take care of their maintenance. Since last April, I have been transferring her funds via online transfer. I have bank statements to prove the online fund transfers. She stays at my house in a separate room. We have not deprived her of any luxuries or benefits, uses everything what is available at home, groceries, a/c, stove, electricity and what not!! The expenses of my daughter are taken care by me such as, her education expenses, food, auto charges, dance and song fees, medical expenses etc. Her notice does not state that she has been earning or been receiving cash regularly from me.

What are the implications since she has hidden the facts in the notice and/or hiding facts from the lawyer/judge? Since she has not made her facts straight, will this help my case in any way?

Thanks in advance.



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 2 Replies

Tajobsindia (Senior Partner )     30 July 2012

1. Produce those online transfer records to court and call for Bank officials as witness with instruments statement as record.

2. If she is not working then as per discretion of Court she may get maint. If she is working then she is not entitled for maint. Further maint. for child is co-extensive (shared) by both parents. Provided she shows neglect and ability of income against you.


Further, read specific well discussed previous several posts on S. 125 CrPC here in family law forum to gain knowledge.

 

Manoj (Personal)     30 July 2012

Thanks Tajob.


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