maintainance
sagaradv
(Querist) 29 June 2010
This query is : Resolved
A wife is living in her matrimonial home and husband living seperate but to initiate the false and fake legal proceedings against her husband to harass him mentally and physically she claims for maintainace u/s 125 CrPC in the court of law. Can it be a valid ground for claiming maintainance ? After this she also files a false case u/s 498A. Now what kind of defence a husband can take to stop all these false legal proceedings ? Plz anyone suggest me fast abt this.
Devajyoti Barman
(Expert) 29 June 2010
In both the cases if the husband could prove that the wife left her marital home on own accord and there was no cases of torture then both the cases will go in favour of the husband. However in the 125 case the Magistrate can fix an interim maintenance till the same is not finally decided.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 05 July 2010
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