Crpc 125

jagjit singh (Querist) 18 February 2014 This query is : Resolved
MY WIFE HAS DESERTED ME AND FILE FALSE CASE OF DV AND DOWRY. SHE ALSO FILED THE CRPC 125 CASE AGAINST ME. IN MAINTENENCE CASE WHO IS HAVING BURDON OF PROOF ME OR MY WIFE. AND IN DOWRY CASE WHO IS HAVING BURDON OF PROFF.

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V R SHROFF (Expert) 18 February 2014
Dear Jagjit,
IN BOTH CASES , Your Wife has burden of proof.
If she is not earning, you are liable to py her.. Burden shift to you to prove that she earn.

Devajyoti Barman (Expert) 18 February 2014
Well the problem is the wife need not prove anything.
Her mere allegation of not earning anything is sufficient for her maintenance at least in interim stage since it is socially beneficial legislation.
It is you who will have to disprove her allegations.

Rajendra K Goyal (Expert) 18 February 2014
Agree with the expert Devajyoti Barman ji, you have to prove that she is earning.

T. Kalaiselvan, Advocate (Expert) 19 February 2014
If you want to avoid paying her maintenance, it is you who have to prove that she is not eligible for maintenance.

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