False maintenance case

Suraj Kumar (Querist) 05 April 2023 This query is : Resolved
My wife has been saperated from me since 12 years. She had filed 125 CRPC againt me which as dismissed for default for two times. Again she has filed 125 CRPC wherein interim maintenance is allowed.

On divorce case filed by me, on affidavit in chief filed by her, she specifically refuses to live with me at my ancestral house without any specific reason.

Can I move to high court to quash 125 crpc for has refusal of living with me ?

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Sudhir Kumar, Advocate (Expert) 05 April 2023
why she is refusing to live with you (her reasons).

Advocate Bhartesh goyal (Expert) 05 April 2023
You stated that your wife refused to live with you even than she is legally entitled to get maintenance from you so H.C will not entrrtain your quash petition .

kavksatyanarayana (Expert) 05 April 2023
Quashing the cases before the high court may not be allowed and you can contest the same on the merits before the trial court itself.

Dr J C Vashista (Expert) 06 April 2023
Instead to moving to High Court contest the case on its merit taking defence of "desertion" i.e., not rejoining your society and not entitled for maintenance under section 125(4) CrPC as decided by Delhi HIgh Court in the case Archita V Sunil Seth referring Supreme Court’s judgment in the case of Rohtash Singh Vs. Ramendri & Ors.(2000) 3 SCC 180.

T. Kalaiselvan, Advocate (Expert) 06 April 2023
According to' Section 125(4) of the Code of Criminal Procedure, no wife shall be entitled to receive an allowance for the maintenance from her husband, if she refuses to live with her husband. Wife must not refuse to live with her husband without sufficient reason to get maintenance.

Therefore instead of applying for quash you may contest and get it dismissed on the above grounds

Suraj Kumar (Querist) 07 April 2023
In written statement she want to living with her nusband, but not with in - laws & not at the residence of in laws without any specific reason / allegation.

Dr J C Vashista (Expert) 08 April 2023
Did you try to save matrimonial institution and discuss the problem(s) with probable respectably acceptable solution option(s) with your wife ?