Crpc 125
Fighterr 26
(Querist) 20 April 2013
This query is : Resolved
sir,
I am from WB my wife falsely alleged us us 498a/323 ipc and dp 3/4.And thereafter filed 125 for maintenance.my case is in final stage.witnessing over all documentary proof submitted.
she alleged that-
1.her father given me 2 lac cash and 100 gm gold she is unable to prove it by document of by witness.
2.on ___ date she had to admit to ------ hospital in totally unconsious state because she was beaten by my parents.BUT MEDICAL PRESCRIPTION DOES NOT PROVE THIS WCHICH IS WITH US.ONE TABLET AND ONE INJECTION COMBIFLAM IS PRESCRIBD BY MO.AND SHE ALSO NOT ADMITTED TO THIS HOSPITAL.SHE JUST VISIT THE OPD AND CAME BACK TO MY HOUSE.BUT ON THE VERY NEXT DAY SHE HAD TO ADMIT TO SUB-DIVITIONAL HOSPITAL DUE TO SEVERE HEADACHE.
3.she alleged that all the medical expenditure is borne by her father my father even did not came to see her in the hospital.BUT MY FATHER BOUGHT HER TO THIS HOSPITAL AND ADMITTED HER WE HAVE THE PROOF, AND ALSO BORNE THE WHOLE MEDICAL EXPENTITURE, WE HAVE THE PROOF.
IN THE LAST IT WAS A LOVE MARRIAGE AND MY FATHER WAS NOT THERE.AND SHE ACCEPT IT.
MY QUESTION IS THAT---
(1) What should I do to stop her maintenance?
(2) My lawer is telling as you marry the girl its ur duty to give her the maintenance. Is it true?
(3) Can I file any case against the girl? ( crpc 340 or any other section)
Please guide me to stop the misuse of law.I am working in defence. please save me from legal terorists.
thanks in advance.
Raj Kumar Makkad
(Expert) 21 April 2013
1. If your wife is not capable to maintain her, you have responsibility to provide her maintenance and it cannot be stopped.
2. Yes.
3. Depends upon facts.
Defend the case and prove it false in the court.
Sudhir Kumar, Advocate
(Expert) 21 April 2013
If you are Govt servant have you informed the deptt about criminal case.
prabhakar singh
(Expert) 21 April 2013
1.You can not stop.
2.Your lawyer is correct.
3.you can do all adventures with risks associated.
R.K Nanda
(Expert) 21 April 2013
no more to add.
ajay sethi
(Expert) 21 April 2013
agree with experts
MohammedRaffiq Bijapur
(Expert) 21 April 2013
Rahamt if ur asking about 125 proceedings than learned experts r right.
if u r facing trial for offences 498A etc then if age of ur marriage is within 7 years u have to rebut the charges leveled against u. If passed 7 years dont worry, ask ur counsel to deny the charges let ur wife prove the allegations.
Arun Kumar Bhagat
(Expert) 21 April 2013
For MohammedRaffiq Bijapur,
Seven years concept is applicable for 304B IPC. Not for 498A IPC. In 498A case the prosecution has to prove case beyond reasonable doubt irrespective of the date of marriage.
Fighterr 26
(Querist) 23 April 2013
sir,
I have submitted all the documentary proof which clearly proves the case is absolutely false and I recover a letter from my neighbor written by the girl where she console her parents by telling that my parents( her father/mother in law) is a good parson and treat her very well and she is very happy in my home.She also told that she need her parents support to take revenge and destroy my family as I turn down their proposal to live with my father in law's house and give all my earnings to them.But the court does not even open my proof to see what was submitted by me is correct or not. Even the court dont have any proof about my salary and my landed property.But the judge fixed next date for judgement. I cant understand how can he decide my salary and landed property though i don't have any kind of landed property. Its just like a JABARDASTI order. I want to challenge it to higher court. what should I do in the said lower court so that it will bring some profit for me.
it was a love marriage and lusts for 3 months only.there is no dowry/present exchange at all.
please guide me plz...
