Wife has filed 125 alongwith interim maintainance
YASH
(Querist) 27 March 2012
This query is : Resolved
Sir
My wife has been staying away with his parents since last 18 months. We got married in june 2005 and have a son age 5. Intially we stayed with parents and later we stayed seperately in rented house for 9 months. she left that rented home in November 2010 and did not come back. We tried several ways to call her back but all in vain. I am in Mumbai and my wife is in parents home at Gujarat. I received notice from local Ahmedabad court asking me to appear on 7th april. She has filed for maintanance sec 125 and also interim maintainence. We got married in gujarat .My income is very less and my parents are dependent on me. I cannot pay maintainance of 30k what she has demanded. I earn 20k per month. Please advise me as to how to proceed further. Should i file RCR or fight against maintannce case. Can i ask court to transfer case to Mumbai since our matrimonial home as well the last place of living together is mumbai. I am ready to stay with my wife together with parents , which is not acceptable to my wife. Pls advise
ajay sethi
(Expert) 27 March 2012
1)your wife can demand the moon . the court wont award it to her . if you are earning 20 k a month then you have to draw attention of the court to said fact .
you can laso mention that you have dependent parents
2)your wife can file case in gujrat as your wife is presently staying in gujrat .
3) you cna file for RCR if you so desire
V R SHROFF
(Expert) 27 March 2012
You issue notice to her to join you, if she refuse, it will certainly affect the amount of mtn .,
You accepted Summon/ notice, so now you are bound to present yourself for defending case of mtn. You say you have income of 7k. Let her prove your income
Over and above you have to spend for litigation, parents etc, so court will not grant over 3k p . m .
Case will be tried at Ahmadabad, where she reside. u cannot trf case at Mumbai, i DO NOT ADVISE U TO FILE RCR,
YES, u must defend 125 cr p c .
Shonee Kapoor
(Expert) 27 March 2012
Agreed with Ld. Shroff Sir.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate M.Bhadra
(Expert) 27 March 2012
Appear in maintenance case through lawyer in Gujrat Court and file an objection showing your income and liabilities you can also file a petition u/sec. 205 Cr.P.C. for dispense with personal attendance.File a suit for RCR in Mumbai for pressuring tactics on your wife.Maintenance case can not be transfer which your wife has filed.
YASH
(Querist) 28 March 2012
Sir
Can you please let me know , How will filing RCR help me in this case ?
V R SHROFF
(Expert) 28 March 2012
RCR in Mumbai will reduce weight in your pocket!!
You are bound to pay her travel & hotel, residence every time she appear from Amh to Mumbai + litigation exp. After all ur sweet wife!!
Both of you and others can see her for a whole day : Loosing your small salary pocket.
You need to pay your and her Lawyer, lighting your few saved amount, u need to pay under 125!!!
RCR , u cannot get anything.Except what I stated above. $$$$$$$$$
yes, YASH are these benefits & will help you.??
Shonee Kapoor
(Expert) 28 March 2012
RCR is a waste of a case.
In many advanced country this remedy is deleted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
YASH
(Querist) 28 March 2012
If i file RCR in Gujarat court , will that help to counter her maintainance cae. In the petition under CR 125 she has asked maintanance but there is no mention of Divorce. Can she get money without asking or taking divorce.
Shonee Kapoor
(Expert) 28 March 2012
No, only a decree of RCR can deny maintenance in CrPC 125. Till RCR is pending in the court, you would have to give maintenance awarded under 125. Also you can be saddled with HMA 24 if you file RCR.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
valentine thakkar
(Expert) 29 March 2012
RCR filed by huisband. Wife filed divorce under SMA. Case pending since 5 years, Wife said husband not earning sufficient to run the family. She is living at maternal home since 5 years. Now she wants to file 125 crpc as husband has good job now. If she files that case, what would be the impact on RCR and divorce cases. Temporary custody of 8 years old girl decided.
Shonee Kapoor
(Expert) 30 March 2012
Mr. Thakkar,
All the cases would be decided on merits.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 31 March 2012
Agree with experts.
YASH
(Querist) 01 April 2012
Sir
My first hearing is on 7th APRIL and i dont know what the procedure in CRPC 125 and interim maintanance case. Can i personally tell judge that i am ready to accept my wife and son . Is there any mediator or counselling which will ask my wife to stay with me. All allegation by my wife are false and still i m ready to accept her. How can i get rid of this maintanance case since she only left me . Will judge pass interim maintanance without hearing me. Is our judicial system so much biased that i will not get a change to speak or even put forth my readiness to accept wife. pls help
