125 crpc
Vivek
(Querist) 25 May 2014
This query is : Resolved
Hi All,
My wife ran away to her parental home without any reason. After one month she file papers for 125 by making false allegations of dowry in AFC for counsellors.
I want to fight the case for my innocence and till then I dont want to pay any money. Is there any law which says that the money for court proceedings and maintenance can be paid after the final verdict if found guilty.
She went away herself.
She only raise the papers.
Please reply, thank you.
Devajyoti Barman
(Expert) 25 May 2014
If she prays for interim maintenance and the court allows then you have no option but to pay it.
Vivek
(Querist) 25 May 2014
That means any wife can go out of house and ask money for proceedings without any reason and investigations. It means please give me your sword I want to cut your head. There must be some law for this. Please answer.
Sankaranarayanan
(Expert) 25 May 2014
your wife is going job or house wife ? if she working some where then produce the evidence before court
Vivek
(Querist) 25 May 2014
She is a housewife but more qualified than me. I want to fight the case. Also I am going to win. Will then the money be given back. If not, what I can do to fill my damages. For her wrong allegations can she be put in jail. How can I recover my damages. Please advice. Thanks.
Rajendra K Goyal
(Expert) 25 May 2014
Qualification has nothing to do till she earns, if court orders for interim maintenance you have to pay. It would be for her maintenance and not to cut your throat.
You may oppose and give proof that she is earning, if court orders you may appeal and move for stay.
Vivek
(Querist) 25 May 2014
Yes sir but my question is if the allegations are proved false and court finds no sufficient reason for runnng away then also you have to pay. Cant I file a case against her for damages. She has deserted the house and asking money for no reasons. Please reply.
Devajyoti Barman
(Expert) 25 May 2014
In maintenance case , proof of allegations hardly maters.
It is the need for money of the wife which matters.
Try to minimise the maintenance amount. This is your best bet.
Raj Kumar Makkad
(Expert) 26 May 2014
Getting maintenance is the right of the wife irrespective of having no reasons of desertion if she is not capable to maintain herself so forget the allegations.
