Looking for all cases for quashing of Section 125 of CrPC
OneHelpLessHusband
(Querist) 15 January 2011
This query is : Resolved
All,
Wife has now filed maintenance under 125/CrPC 1973.
1) Wife Leaves home, takes son along with her
2) Wife files 125 from her home town
3) Husband not filed RCR till date.
I am looking forward for your comments / court judgements/ decree in which court has quashed 125 considering the wife's treatment as Cruel and then adviced for husbad for filing of Divorce
Regards
OneHelpLessHusband
Arvind Singh Chauhan
(Expert) 15 January 2011
Husband can escape in your case only, if you can prove that there is no reasonable ground to leave your home and left on her own will.
Amit Minocha
(Expert) 15 January 2011
if you can show that she left on her own accord, then she would not be able to claim maintenance. But you will have to prove the same.
adv. rajeev ( rajoo )
(Expert) 15 January 2011
You have to prove that you have not neglected your willfully. Will full negligence is important ingredient of sec 125. If you proved that then you will escape from the case.
N.K.Assumi
(Expert) 15 January 2011
Agreed with the above postings of the members, but until a clear family scenario under which the wife left the matrimonial home along with the son; it is difficult to give a concrete answer to quash the maintenance proceedings under 125 CrPc.
OneHelpLessHusband
(Querist) 16 January 2011
Dear All,
Thanks for all of your inputs.
Unfortunately, I do not need the next course of action, but actual court judgment, decrees etc to formulate my defense.
Regards
