crpc125

Ashim Sarkar (Querist) 15 March 2016 This query is : Resolved
Sir I got married in 2004 by Hindus marriage act same misunderstanding my wife go her parents home then she
filed a cash crpc125 I try to back her but she don't understand she is purely influences by her parents. I am a salary Parsons my monthly salary is17000 I have on son age 9 he also live me but her mmother charge mainmaintenance for his she writes all flash aligasition my salary is 25000 she demand 6000 for her or 4000 for child and many other like audltry currltry demand of dowary but no have any Prof of all this please reply what is justice

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ROHIT SHARMA (Expert) 15 March 2016
1. Before the court commences the trial file a Cr.M.A. seeking direction of the court to delegate the matter for mediation and counseling ( i.e. lok adalat) where you can submit your salary slip and appease her to withdraw the compliant as by promising to give a certain fixed amount from your salary apart from the house hold running expenses to her for her personal use which she can use as she likes. This amount can be around more or less Rs. 1500.00 p.m. for her personal use to buy clothing and other women necessities. Tackle and be prepared to vary this amount if she wants a little bit more. She will agree to stay with you. Her doubts and issue of adultery and dowry can be diluted by you as by promising on Gods name that she is your beloved and all such sweet utterances that ca win over her trust in you. This tactics and proposal will attract her to come and live with you and not press for her complaint. An agreement before the lok adalat( mediation and counseling) can be made to such effect and then the court will dismiss the case if such mutual compromise is effectuated and notified by the lok adalat to the concerned trial court.

2. The maintenance amount is usually decided by the court after hearing both the parties.

3. If you are aggrieved by the order of the trial court then you can by paying 50 % of such monthly maintenance amount and file a revision appeal before the Sessions Court.

Devajyoti Barman (Expert) 16 March 2016
Since it is maintenance case then you have to show his income so the maintenance for the wife and the child becomes lesser than what has been prayed for.
If your wife is unemployed you can no avoid maintenance.