Hma section 9 & crpc 125
kkishore
(Querist) 15 April 2013
This query is : Resolved
Respected Experts,
I am a victim of 498A, DP 3/4 . my wife is at her home from last 1 year and i filled section 9 on 4 april 2012 and my wife and her parents file FIR against me and my parent on august 2012 now the case in noida court. she mention in her crpc 125 that i filed HMA section 9 but she is not attending section 9 court dates.
she also give a written paper in mediation court that she doesn't want to live with me.
she want 15000/- per month from me. please help me what should i do ?
Thanks & regards,,
KKishore
Ankit Jain
(Expert) 15 April 2013
Contest your case strongly. if Charge sheet have submitted by the Police and you got bail contest the case and file all relevant document i.e. certified copies of pleading of Sec. 9, her written statement etc.
In maintenance case you are liable to pay the same but what will the amount it depends on the court after hearing both parties and examine your status.
Nadeem Qureshi
(Expert) 15 April 2013
Dear Querist
first of all decide it, you want to live with her or not, if yes then approach the court to pass an RCR decree against her ex-party (if she is not ready to appear in this matter)
second, if you are not ready to live with her, after getting the RCR decree you have right to file a case for divorce on Desertion and you have also right to file a divorce petition on cruelty.
Maintenance can be passed in her favour if she is unable to maintain herself and have a sufficient cause to left your company and not live in adultery.
Feel Free to call
Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262
ajay sethi
(Expert) 15 April 2013
ifyour wife does not want to stay with you settle for divorce by mutual consent . ask her to with draw DV case / 498 A case and you cna with draw RCR case . as far as maintenance is concerned if she is well qualified and earning she wont get maintenance
kkishore
(Querist) 16 April 2013
Thanks experts,
my wife is teaching in a school and we haven't any child she is MA qualified.
right now i am not doing job anywhere and i am a medical patient of IHBAS ( mental hospital shadra) . i have medical certificate also.
are these certificates help me ?
Thanks & regards,,
KKishore
ajay sethi
(Expert) 16 April 2013
your wife is highly qualified . she can get a job . you can take the plea that she sis not entitled to maintenance as she is qualified . in addition since you are undergoing medical treatment for mental illness it will help you
kkishore
(Querist) 16 April 2013
Thank You very Much sir.
V R SHROFF
(Expert) 16 April 2013
k kishor,
Mediation Reports are useless, as cannot be produced in Evidence.
RCR are useless suits as not result oriented. No effect
498A are house breaker laws, that certainly break house, without helping or harming any of the parties, except initial harassment to husband & his fly. no more.Nobody is punished [98% aquittal]
She being educated , will not prefer small gains of 5k , loosing 30k of salary p.m., So need not worry for 125/ dv
What is important is: What you want??
If you want her, forget all & try for that,
If you don't want her, go for MCD, suggest it in mediation.
Ur Mental illness, and her Qualifications are good defence for u. ; to protect you, but you have no point to Attack.
So where is the WAR??
What is going on is only harassment to both without any gain to anyone.
ajay sethi
(Expert) 16 April 2013
thanks for your appreciation
kkishore
(Querist) 16 April 2013
V R SHROFF sir you are awesome.
My wife doesn't want to live my family. she clear told me she love some one and i have phone recording also. so i am thinking for divorce. but her family want 15 laks from us. they are demanding money and 90 Gms gold.
i have evidence of my shadi video and photos that we were not taken any dowery and stridhan.
what should i do ?
please help.I am not so rich.
Thanks & regards..
KKishore
V R SHROFF
(Expert) 16 April 2013
thanks for your appreciation:
It is experience that counts, without looking at you.
In personal consultations, few more important facts are coming out, that changes the entire life of disturbed husband. May be she hv to pay 15L to you!! How long can she wait for her Love, and how long her Lover wait?? Time is limited, and cannot be purchased. No one can wait in Love and War.
Let all of us experts know, what help u need.
Just be cool, Let time pass away, Things will be clear, and settled.
Nobody can harm you. Thanks,
