125crpc/interim
Bullseye
(Querist) 02 August 2016
This query is : Resolved
Sir
I am govt. employee facing 125crpc. in main petition my income was mentioned as my salary+house rents(ancestral house) + my father's pension.
the case was settled in mediation she breached the mediation by attempting suicide got treatment in hospital went to the police station from hospital added her statement to the complaint registered by her brother and involved my family members. case was reopened and she filed interim and mentioned again the same income as in MP. but this time my father was expired she knows the fact well during her stay after mediation for almost 20 days and 40th day ceremony was also conduted during her stay. she can't deny the fact. does court consider it as false affidavit. if so how can i get advantage of it.
Thanking you
Ms.Usha Kapoor
(Expert) 02 August 2016
Dear Client
Mediation is not as strong as coe a formal court decision.Mediation does not always result in a settlement agreement. Parties might spend their time and money in mediation only to find that they must have their case settled for them by a court. Opting for mediation, therefore, presents something of a risk. Further, if mediation fails, much of a party’s “ammunition” might have already been exposed to the opposing party, thereby becoming far less useful in the ensuing trial.
Mediation lacks the procedural and constitutional protections guaranteed by the federal and state courts. The lack of formality in mediation could be a benefit, as noted above, or a detriment. Mediation between parties of disparate levels of sophistication and power, and who have disparate amounts of resources available, might result in an inequitable settlement as the less-well positioned party is overwhelmed and unprotected.
Legal precedent cannot be set in mediation. Many discrimination cases, among others, are brought with the intention of not only securing satisfaction for the named plaintiff, but also with the hope of setting a new legal precedent which will have a broader social impact. These cases are only “successful” if a high court (usually the United States Supreme Court) hands down a favorable decision on the main issue. Mediation is therefore not beneficial for such cases.
Mediation has no formal discovery process. If one of the parties to a dispute cannot fully address the case without first receiving information from the other party, there is no way to compel disclosure of such information. The party seeking disclosure must rely instead on the other party’s good faith, which may or may not be enough
She attempted suicide means she must have gotten depressed out of failed matrimonial bond, lack of adequate income to support herself. You can't evade 125 Cr.P.C interim maintenance proceedings and bound to pay interim maintenance as per section 125 Cr.P.C.since you are better off financially and also till she remarries someone or gets some gainful employment somewhere You can't escape either 125 Cr.P.C or Sections 24 and 25 of Hindu Marriage /act. She has a right over your ancestral house as still she is still deemed to be your wife in the eye of law so long as she has not formally divorced you through court.your share in your father's ancestral property she can enjoy and stay there even if you die so long as there is no partition or disposal of the ancestral house.if you appreciate this answer please click Thank you button on my profile photo.
R.K Nanda
(Expert) 02 August 2016
Nothing to add.
Devajyoti Barman
(Expert) 03 August 2016
The settlement arrived at mediation is not final and the party can violate at any point of time.
Since now the wife has filed case of maintenance only option is to contest the same on merit.
The income of your father is however not considered while taking into account your income.
Kumar Doab
(Expert) 03 August 2016
Contest under expert advise of a very able counsel.
Rajendra K Goyal
(Expert) 03 August 2016
Are you a Hindu or Muslim.
She has attempted suicide, she has filed cases, if you are Muslim, you should proceed for divorce.
Oppose the case of maintenance on merits.
Rajendra K Goyal
(Expert) 03 August 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Maintenance-610441.asp
Bullseye
(Querist) 03 August 2016
i am muslim.experts. please clear the query of affidavit
Ms.Usha Kapoor
(Expert) 03 August 2016
Dear Client,
If her suicide attempts and theatrics are by way of enacting a drama to intimidate and harass you you can pronounce triple Talaq and get divorced from her. She has absolute rights over her Mehr/Dower amount that you'll've to return after talaq. Section 125 Cr.P.C proceedings you can't avoid.Or ordinary m,maintenance proceedings in Family court you can't avoid. She has rights over your salary towards her maintenance, but she has absolutely no rights over your father's pension amount or your fathers's ancestral house property under Muslim law.If you appreciate this answer pleaase click the thank you button on my profile.
Shonee Kapoor
(Expert) 04 August 2016
Regardless whether you are a Hindu or a Muslim the proceedings of CrPC 125 can not be avoided. You would have to reply the same on merits and I would advise you not to lie in this matter.
Regards,
Shonee Kapoor
www.shoneekapoor.com
