125 crpc
Mahadev Narayan Dadar
(Querist) 22 August 2016
This query is : Resolved
wife has filed 125 and 498a against me. thereafter she has taken admission at nursing collage under government facility to take benefit of govt facility she has given false information and evidence as unmarried.
How it can be used to help crpc 125 get dismiss
Raj Kumar Makkad
(Expert) 22 August 2016
If your wife on the one hand has shown herself as unmarried while taking admission and on the other hand has filed the case you mentioned in your query against you then she has committed serious offence. Not only a criminal case of forgery and fraud can be filed by you against her but her admission can also be got cancelled and in that event, the institute can also got lodge criminal case against her.
So far as taking benefit of her declaration in the admission as unmarried is concerned, t depends upon your pleadings. If you have denied having any relationship with that lady then such declaration shall definitely benefit you but if you have already accepted relationship of husband and wife then you cannot be exonerated from your liability to maintain her, however, the veracity of her statement in support of her allegations of cruelty and demand of dowry shall definitely be reduced and court shall not give much reliance unless otherwise proved.
A party not coming to the court with clean hands is not entitled for the grant of equity.
Rajendra K Goyal
(Expert) 22 August 2016
Lodge complaint with the institution to cancel the admission and lodge criminal complaint against her.
get information through RTI first or call the college / institution to depose / witness.
H. S. Thukral
(Expert) 22 August 2016
You take advantage of the situation and pressurise her to withdraw the complaint.
adv.bharat @ PUNE
(Expert) 22 August 2016
Nothing to be added.
You will be benefited by expert advice.
Devajyoti Barman
(Expert) 23 August 2016
First get information of her employment in writing.
An RTI application can give result.
Then file an application u/s 127 crpc to modify the order of maintenance, if already passed.
Mahadev Narayan Dadar
(Querist) 23 August 2016
thanks sir, i have already filed complaint at institute but institute not taken any action., and now she get completed her education. institute was aware with her story thereafter they was accepted her admission and also filed application u/s 127 on which other-side party has submitted as say a copy of petition as it is of crpc 125 of this case in which nothing has been said against my 127 application. only interim maintenance passed Mar 2013 and crpc 127 application filed on 4.12.15.Please help for further action how to handle case.
Mahadev Narayan Dadar
(Querist) 23 August 2016
Raj Kumar Sir,Thank you very much your guidance. In this case i already committed in court she is my wife and having two kids. but she is denying married in the society. husband and wife relation is most effetive to live in the society and where is not ready to agree me as husband. if such kind situation put in the court, it will help to change in 125 application for my side. Please help
