How to defend of section 125

Querist : Anonymous (Querist) 07 May 2018 This query is : Resolved
Dear Sir/ Ma'am,
please help me on following condition

1) i got married on 25/05/14

2) After marriage we live together in pune

3) After marriage there was not any physical relation between us

4) so I search what is reason of her such behavior

5) After 2 months of marriage I got information about her Affairs and after marriage when i went on work she talk with her boy friend.

6) So I given all information to his father and mother also and give intimation to her don't call to him and in-front of me, my brother , my father, and her mother and father and my mother's sister she accept that she and her boy friend are in a relation and we cant live without him. but that time we all tell her it was your past so forgot it and start newly and she ready for live with me but after some day she behaving physiologically and not doing any work of home.

7) between 1 year of marriage we all people told to her many time to forgot him but she didn't forgot and her conversation with her boy friend is going on.

8) one day she left my home with her father with out any reason

9) when i ask for come to home she said i am not coming and i am waiting court notice

10 ) till 2 months she not come

11) After that on date 22/07/2015 I file for divorce on basis of 13 (1) (ia)

12) Court send notice to her but she refuse to take it and not come in front of court.

13 ) I Got divorce on date 12/08/2016

14) After divorce I told them i got divorce from court

15) and I got married second time on date 19/11/2016

16) After my second marriage 4 month later file court under domestic violence

17) I submit my divorce document in court then she file anther under 125 for maintenance

So I request to you help me in following question

1) Can court allow her petition ?
2) may have to give maintenance to her
3) If i am not ready to give maintenance to her then what proofs required to me for submit in court.

Regards

Pandurang

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Ms.Usha Kapoor (Expert) 08 May 2018
If she i qualified and working you need not pay any maintenance to her. Otherwise you will have to.till she remarries her boy friend.

Querist : Anonymous (Querist) 13 May 2018
She 12th pass she is working in farm land

Guest (Expert) 13 May 2018
Ms. Usha kapoor should have read the caption as well as the questions in the text very carefully. The anonymous querist has asked for the methods how to defend of section 125, not whether to pay or not the maintenance. Even paying or not paying maintenance is not in his hands. That always depends upon the orders of the court.

Ms.Usha Kapoor (Expert) 06 July 2018

When She is having illicit intimacy with her boy friend and she is unem0loyed although qualified He has to pay maintenance. If she is gainfully employed with plum salary etc he has no Need to pay maintenance at all to his estranged wife her salary is not sufficient to t maintain herself due t her hand to mouth salivary then also he has t pay Maintenance to her.