Crpc 125

Querist : Anonymous (Querist) 24 May 2011 This query is : Resolved
Dear all,

There is a case running between me and my wife. She filed the CRPC 125 case and i filled under Section 9 in which I was ordered to maintain my wife with rs. 2500/month with no reasons. The filed a revision for the same case which is in progress. I am ready to bring her back to my home but she is not willing to come back. Please advise me how can I stop this maintenance

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M.Sheik Mohammed Ali (Expert) 24 May 2011
no way otherwise the court decided, you must provide maintenance you can file RCR case.

Devajyoti Barman (Expert) 24 May 2011
You could avoid maintenance only if you could prove-
1 She left you on her own and without any justification,
2. She has a good source of livelihood and
3. she has been living in adultery.

Otherwise forget about avoidance.

Guest (Expert) 24 May 2011
Once the case comes unnder judicial scrutiny there is no let out except to abide by the court's decision or to reunite. Otherwise no scope. Since your wife is not willing to rejoin you, you cannot force her doing so.

However, if you prove to your wife to have changed to muc extent from the course on which ground the separation was made, you can make her to rejoin you.

I can agree on points (1) & (2) suggested by Mr. Devajyoti, but not agreeable on point (3) of his suggestion, which can be unethical unless she is really living in adultery.

Devajyoti Barman (Expert) 24 May 2011
Mr Dhingra. the points are not my suggestions but the law itself as propounded by section 125 crpc.

PALNITKAR V.V. (Expert) 24 May 2011
I agree with Shri. Barman on legal points.

M/s. Y-not legal services (Expert) 26 May 2011
Am agree with mr.barman. And also if she stay away from you wantonly mean also you need not to provide maintenance..