Maintenance can grant or not

sanjay kumar (Querist) 20 March 2021 This query is : Resolved
Sir,
I had filed a petition in the Court of Hon'ble Principal Judge u/s 9 of H.M.A, on 3rd Oct 2020 and notice had issued and the date is fixed on 24th Mar. 2021 but my wife had filed false FIR in Mahila P.S u/s 498A,379, 406 . But in investigation by IO it has found that no evidence which can proof sec. 379 and 406 . Dy SP has done supervision and found that this case is wrongly done by wife than allowed me PR bail u/s 41crpc. My wife has filed u/s 125 crpc in same Hon'ble Court. The date of appearance in 125crpc is on 23 Mar 2021 and 9 of HMA is on 24th Mar 2021. Now my question is , can I put the request to merge the both case and deny for interim Maintenance. Kindly Suggest me before 23rd Mar.2021

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Quick Summary

This discussion addresses whether a husband can request to merge his Section 9 HMA petition with his wife's Section 125 CrPC maintenance case and deny interim maintenance. While the cases may be heard together if filed in the same court, they cannot be legally clubbed due to their differing nature and reliefs sought. Generally, maintenance must be paid unless the wife deserted without cause, but this depends on case specifics. It is advised to consult a legal professional for personalised guidance.

kavksatyanarayana (Expert) 20 March 2021
You shall consult your own counsel for the cases, but for maintenance, if she has no income, you have to pay the same according to the court orders and it depends on the merits and de-merits of the case.

Advocate Bhartesh goyal (Expert) 20 March 2021
Petition u/sec 9 of HMAct and petition u/sec 125 of Cr.P.C can not be clubbed together as nature and relief claimed in both the cases are different.you have to pay maintenance to your wife.

J K Agrawal (Expert) 21 March 2021
There are so many citation when wife deserted your home without any legal excuse, the court did not grant maintenance.

P. Venu (Expert) 21 March 2021
Your advocate is the best person to guide you.

Dr J C Vashista (Expert) 22 March 2021
Whether both the cases are pending before same court ? If so, these cases can be taken up together but can not be clubbed together.
Consult your lawyer for any question in a pending case as you have engaged/ paid him/ her, since s/he is well aware about facts of the cases and an able, competent and intelligent enough to satisfy your queries.

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