Crpc 125 - wife file a petition for interim and permanent maintenance
Prashant Gondaliya
(Querist) 26 September 2016
This query is : Resolved
Dear Lawyers,
My wife has filed CrPC 125 petition in Bhavnagar (Gujarat) family court where she belongs. This was our 2nd marriage. She was widow and i was divorced (Mutual). 2nd marriage was happened in August-2013 at her location (Bhavnagar-Gujarat) in the Hindu temple. My family and her family were part of that occasion.
Then we both shifted to Pune-Maharashtra as i am working here in Pune. After some time disputes have been started and she decided to leave my pune home, as she could not survive in metro city environment due to language issues. She was from rural area. FInally she left me on 28th January 2016 with her parent.
Now she has filed a CrPC 125 case for maintenance based on my salary. She asked Rs. 50k as an interim and Rs. 75k as life time maintenance. First hearing was on 22nd September 2016 at Bhavnagar family court. Which i could not attended as i was on official trip to Bangalore. I have sent a letter to Family court for the same. Now 2nd hearing date is on 3rd October 2016. WHich i am planning to appear.
Kindly advice me what are the steps i need to consider prior to appear. Also suggest steps to follows.
Appreciated you all in advance for your time and support for the same.
Thanks,
Prashant Gondaliya
Raj Kumar Makkad
(Expert) 27 September 2016
You are required to appoint your lawyer and then prepare the reply of the petition and try to submit on the next date of hearing and get the interim application decided on the same day so as to avoid unnecessary delay.
You shall have to pay maintenance allowance whatever is fixed by court keeping in view all concerned factors.
Devajyoti Barman
(Expert) 27 September 2016
If your wife unemployed then you are bound to maintain her.
The quantum of maintenance granted by court varies from 1/3 to 1/5th of your established income.
So if your income does not support such heft maintenance then show your salary slip on which basis the court will grant maintenance.
Ms.Usha Kapoor
(Expert) 27 September 2016
NORMALLY COURT GRANTS 1/3RD OF YOUR SALARY INCOME AS MAINTENANCE. If YOU DON'T HAVE MEANS TO PAY SO MUCH maintenance SUBMIT YOUR SALARY SLIP IN COURT.
Prashant Gondaliya
(Querist) 27 September 2016
Thanks a lot Mr. Raj Kumar Makkad, Mr. Devajyoti Barman and Ms. Usha Kapoor for prompt response.
I will update you all as post hearing on 3rd October 2016.
Raj Kumar Makkad
(Expert) 27 September 2016
You are always welcome Prashant and keep on updating on this same thread.
Rajendra K Goyal
(Expert) 27 September 2016
Agree with the expert Devajyoti Barman
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 September 2016
You have to first make a decison whether you are ready to keep her since matter may be sent to mediation.
There after you can take defense that it is none of your fault and she has left out of her own wishes., and you are ready to take her take back any time.
If you persist with this with a able legal help than there will not be life time liability .
Recent HIGH COURT judgments have come where the husband was able to prove this the claim of maintenance was rejected.
Prashant Gondaliya
(Querist) 27 September 2016
Agreed with your(DEFENSE ADVOCATE) point, hence i have been tried almost 5-7 times to stop her and explained situations. She understood - but after 2-3 months she again started same thing and said that I(She) can't survive in this metro environment - as i(She) came from rural area. Finally i agreed with her and allow her to go to her native place Bhavnagar-Gujarat.
After going there (Bhavnagar-Gujarat) she understood that it is very difficult to survive with her parent & brother (With respect to financial aspect).
Since last 2 months she is telling to all that i(She) am ready to go to Pune at my husband's home. But due to her changing behaviour i am afraid that she can go for other dangerous (bigger than CrPC 125) steps in future. Which can create more problem for my life.
Hence this time i don't want to take any risk further. Even i am ready to pay maintenance as per family court - honourable judge decision. As i am bothered about peaceful life rather than luxurious life.
Your inputs are most welcome with respect to above comments.
Once again appreciated you all group members for supporting me.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 September 2016
CRPC 125 is not the end since there are advocates who work on share basis and file and persue cases.
so this will not be end ,be ready for further train of cases under all other laws in favor of woman.
So I have suggested to you and suggest all others similar to your case that the law and courts support a destitute woman and not one who has broken the home by her own wishes.
Raj Kumar Makkad
(Expert) 28 September 2016
Who told that the peace can be purchased just by paying regular maintenance allowance as per the order of the family court?
It is just starting point of agonies. It further follows by enhancement, Dv Act, Atrocities, dowry demand and so on so better to reconcile if her behaviour seems changed. Life is nothing but a compromise.
Prashant Gondaliya
(Querist) 28 September 2016
Thanks Mr. Defense Advocate & Mr. Raj Makkad for valuable advice. Appreciated your proactive approach and guide me to right directions.
Rajendra K Goyal
(Expert) 28 September 2016
You can be benefited from the advice from experts.
Prashant Gondaliya
(Querist) 12 October 2016
Hi experts,
Just to inform you all that i have appeared/attended on 3rd Oct 2016, which was my first date to the family court.
It was only 5 minutes Q&A by respected Judge. Post that he asked me to appoint advocate from my side to respond opponent advocate's comments.
I have appointed local advocate at Bhavnagar and next hearing will be on 28th October 2016.
I will update you for the same.
Thanks for your support till the date.
Rajendra K Goyal
(Expert) 12 October 2016
You can return in case of any problem.
You are welcome.
