125 crpc as well as 498-A

raahat (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 She also filed a petition U/S 3 of Muslim Women (Protection Right on Divorce) 1986 which was later withdrawn by her after the dismissal of the RCR.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.
Ur adivce in this regard requested and guide me.

Follow Query

Report Abuse

Guest (Expert) 14 August 2010
YOU MAY FILE REVISION TO HIGH COURT /SESSIONS COURT AND GET THE AMOUNT OF MAINTAINENCE STAYED AND REDUCED.GOOD LUCK.

s.subramanian (Expert) 14 August 2010
you can file revision challenging the order of interim maintanence.

raahat (Querist) 16 August 2010
Thank you very much for your advice/suggestion. Kindly note it that after the interim maintainance order in filed the revision in the session court. The same was dissmissed. I also filed the revizion in the Honble High Court against the withdrawl order of the Section 3 of Muslim Women Protection act because in Restitution petition the civil court has accepted that divorce has been effected on ground the defendent (Wife) has herself mentioned the divorce in her Sec 3 (MWPA) 1986 and asking for ailomony for herself.But High Court also dismissed the same as the trial court has open for both parties to lead evidence on divorce in 125 crpc.
1) I want to know whether legal divorce has been effected or not?
2) Is it be beneficial to me file a revison on the present stage of evidence in 125 Crpc as well as in 498-A ?
3) I also want to file an application for the DNA test of one of the defendemt whom i m not the biological father in 125 crpc, will it effect the case?

raahat (Querist) 16 August 2010
4) Under what provision can i file the DNA application ? is there any citation on this ?
5) Can the wife booked the husband Under DV Act after all the above mentioned circumtances ?
6)What remidies are in law for such above mention situations ?

I hope ur worthy guidence/suggestions/advice will help me to over came the tauma i m undergoing for last 10 yrs and still awaiting the relief.

raahat (Querist) 16 August 2010
I will highly appreciate the efforts of Subramanium Sir as well as Nandkumar sir for their useful advice and guidence. Other respected experts are also wellcome for their valuable/worthy suggestions.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now