DV victimmmm
28 December 2015 at 03:04
Dear experts,
I had got divorce from Family court based on desertion and cruelty caused by my wife.I was payng maintenance under section crpc 125 to her and minor daughter.In the high court, we compromised and I paid a fixed amount to her and daughter as permanent alimony to settle all cases.She has got the permanent custody of child as per the compromise terms.
Now after receiving the money, she is getting married,Is this allowed after receive a huge amount as permanent alimony?
Can I get custody of my daughter after my ex wife remarries ?
Thanks for your suggestions and opinions
DV victimmmm
12 September 2015 at 15:01
Dear experts,
I have already got divorce based on desertion and cruelty.Wife got maintenance from family court as 8 thousand per month for her and our minor daughter.My wife had filed a RTI with IT department to get my salary details. I work for a private company.I had denied to provide details that time. Now after 2 years she has filed RTI again and she got details this time. There is a judgment from CIC that such details should be given for government employees.Is this judgment applicable to private jobs to ?
She is working but it's a job in school and the school favors her and don't provide her salary details through RTI.
She is not ready for one time settlement as she wants to earn money for lifetime by filing RTI and getting enhanced maintenance.
Is there any way out of this? I fought DV ,crpc and divorce case. though it was proved that there was no cruelty to her,there is no relief from court cases at all. Please suggest a way to get out of this.Also let me know if there is way to stop IT department and its officials from providing information without checking facts
DV victimmmm
05 April 2015 at 17:44
Hi,
I got divorce from family court based on cruelty and desertion caused by my ex wife.The DV case filed by her is already dismissed by JMFC court. I am paying maintenance under sec 125 to her and minor daughter..
Negotiations for one time settlement failed in family court as she wants a very huge amount.She has moved to high court now to appeal against Family court order. My question is ifi need to wait for remarriage till disposal of matter in high court?She may drag the matter for years in HC.
Thanks a lot for your valuable suggestions and advice.
DV victimmmm
29 November 2014 at 19:58
Hello experts,
i have been ordered by Family court to pay Rs 8000/month as maintenance.Court order says that allegations are false but as I want divorce and won't take back my wife, so maintenance is granted. DV case is already dismissed by JMFC court as allegations were found to be baseless and false. My wife is now asking for 20 lakh as permanent alimony and saying that she want to come back if i can't pay this much amount. Family court says either pay what she wants or take her back. Divorce case also running in same court and i don't think i will be granted divorce either as the judge favour my wife only . Revision for crpc 125 is pending in high court and nothing has happened in last 9 months. It is not admitted also.
Wife's for permanent alimony is 96 thousand per year for next 20 years. just 4 months back she had asked for 12 lakh but i had denied. What is remedy for me now? Also please suggest me if there is way to come out of this.Thanks in advance.
DV victimmmm
11 October 2014 at 07:03
Dear experts,
I have filed an appeal against Family court order in crpc 125 case.I have also filed another application for stay on crpc 125 order. Honorable High Court has said that the stay application will be decided on 27th October 2014 and asked my lawyer to convey the same to Family court so that Family court should not proceed with execution application filed by my wife till 27th October 2014.Is it as per the law to give oral direction in this matter. How to convince Family court about what High Court has directed?
DV victimmmm
03 October 2014 at 23:46
Hello experts:
here are few details about my cases:
1. DV case dismissed by JMFC court as allegations were not proved by wife and many were proved to be false. Appeal by wife is pending in session court since last one and half year, Wife just delaying it.
2. CRPC 125 order by Family court clearly says that I have never ill treated my wife and her allegations can not be considered to be true.But, as I have filed divorce case and i won't take her back, I have been ordered to pay 8k per month to wife and my kid. Wife is already working.
3.Divorce case pending before same family court.Wife just says that she wants to come back and is asking for 18 lakhs for mutual divorce which i can't pay.In the court she says she is ready to come back but she needs guarantee that she will not be murdered by me if she comes back :)
I have to pay huge amount as crpc 125 was dragged for longer time and I have paid almost half of the amount in last 3 months. Wife threatening arrest warrant> i was not working for 2 years almost but got a moderate job few months back.
my both parents are ill and i have to take care of them everyday. I am loosing my own health too because of constant pressure from family court and biased nature of the judge. Most interesting thing in my case is that DV case is dismissed but wife's appeal for interim in DV case is still pending( appeal against main case is different) in session court since 2011. The judge is not dismissing it :) even if I am requesting it on every date. Wife never attended it
I just want to end this now as I am loosing time, money and peace of mind because of all this.
my questions are:
1. can I pray Family court to decide permanent alimony so that I can pay my wife one time. It will help me to concentrate more on my family and other personal issues.
2. if answer to first question is yes, what are pros and cons of such request?
3.is permanent alimony in crpc 125 and civil case like HMA 24 is different in nature ?
4. It will be very helpful if someone can tell me approximate amount for permanent alimony. Cureently I am at rate 8 thousand per month
Thanks in advance for your valuable suggestions and advice.
DV victimmmm
27 September 2014 at 11:13
Dear experts ,
My wife had filed a DV case with severe allegations like attempt of murder,forceful abortion which was dismissed by JMFC court in 2013 saying that She could not prove cruelty and most of her allegations were proved false by evidence given by me. She then filed crpc 125 in Family court with same allegations.Family court judgment says that it's not at all convincing that she was treated with any cruelty by me. But as I have filed divorce case and I am not ready to take her back, family court allowed maintenance to her and my 4 year old daughter( 8 thousand/month) even though my wife is working and it is proved in the court that she was hiding her employment. Now my wife has submitted her evidence in divorce case with same allegations in her counter claim. In fact she submitted same copy of affidavit in DV, crpc 125 and divorce case without any change.Family court judge says that either I should pay whatever she asks or I should take her back. Family court judge is very biased and says that even a labor pays 5-6 lakhs easily. So I should pay at least 16-18 lakhs to her.What can I do in this situation where family court itself is promoting extortion? I have appealed against crpc 125 order in high court but nothing has happened in last 6 months in that case. Please advice me.Thanks in advance for your valuable suggestions and advice
DV victimmmm
30 July 2014 at 18:49
Hello experts,
Here are some facts about my case:
1. wife left my home in Nov 2010 and filed DV case in Sept 2011.Case dismissed by JMFC court in Feb 2013 and she did not get anything
2. She filed crpc 125 in Nov 2012 and I filed for divorce after dismissal of DV case.Counseling efforts failed and JMFC judge clearly mentioned in the judgment that she never made an effort for settling the matter.
In the judgment given by family court in crpc 125 filed by my wife, the judge has said that it is true that all allegations made by my wife are false and also that I should get benefit of subsection 4 of crpc125 as wife has deserted me without any reason.
However, as I have filed divorce case and I am not willing to cohabit with her and as crpc 125 is a beneficiary application,the judge awarded Rs 5000 per month to my wife and rs 3000 to my daughter. I had already agreed to pay maintenance to my daughter at the start of the case.Also my wife is working and earning around 20000 per month. I have appealed in High court against this judgment
My questions are:
1.Is whether case under crpc 125 is really a beneficiary application only ? can a woman get maintenance even if she has willfully left her matrimonial house?
2.is it possible to get stay order by High court and stop maintenance to wife only?
Thanks in advance for your valuable suggestions and guidance.
DV victimmmm
24 April 2014 at 16:27
Dear Experts,
Family court ordered me to pay maintenance in crpc 125 case and I am going to appleal in the High court against the same. In the mean while Wife filed caveat petition in highcourt under section 148a. Is such petion applicable for crpc 125 cases? As per my knowledge it is applicable for civil cases only. Please share your views about this.Thank you
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Step mother filing crpc 125 case against step son
Respected experts,
This query is for one of my friend's father. The details are as follow:
The person is 47 year old.His mother dies when he was 5 years old and his father remarried.
The person did not stay with the step mother and was raised by his maternal uncle.
The step mother had 2 sons and 2 daughters from her marriage with his father.
After the death of her husband , she is staying with one of her daughter.
Now she has filed a maintenance case against her 2 sons and the step son.
Her husband is no more right now and the person in question did not inherit any property from the father.
The other 2 sons have inherited property from their father.
My queries are :
1. can she file a case against step son whom she did not raise and has no relation since so many years when she has her own sons who are earning well.
2. Can she file the case from the city where she is currently residing.
Please respond to the query and please provide with citation references if there are any.
Thanks in advance for your valuable inputs.