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125 crpc as well as 498-A

(Querist) 14 August 2010 This query is : Resolved 
Dear Experts,
My wife filed a petition U/s 125 crpc as well as a case U/s 498/406 IPC She also filed a suit of RCR which was dismissed as infractuas being not maintainable by the civil court. She also filed a petition U/S 3 of Muslim Women (Protection Right on Divorce) 1986 which was later withdrawn by her after the dismissal of the RCR. The Court has awarded her interim maintainance Rs.4000/- pm and the main petition is on crossing stage of PE. I could not get the opportunity for evidence so in the 125 crpc so i applied 311 crpc which was dismissed. Now my Q is in 125 my wife claiming dt i m earning Rs. 40,0000/- on the other hand in 498 she is claiming that i m doing nothing. I have divorced as per shariat law but the court insisting on evidence although i have placed all the evidence like Talak-Nama, the reciept of the post.I have served the 13 months JD custody for the non payment of maintainance and her dues is around more than 3 lacs. 6 execution is pehding against me.Can court send me jail / order for attachement once again against the non payment of dues U/s 125.I m absolutly dipressed and at the edge of deteotriation. Although i m paying her on each court date but the court asking me for the balance maintainance.

Ur adivce in this regard requested and guide me at very earliest.
Adv Archana Deshmukh (Expert) 14 August 2010
Repeated query...
Guest (Expert) 14 August 2010
FILE REVISION /WP TO THE HIGH COURT /SESSIONS COURT AND GET THE ORDER STAYED AND MAINTAINENCE AMOUNT REDUCED.GOOD LUCK.


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