Matenance case u/s 125

Sundram N (Querist) 02 November 2012 This query is : Resolved
Dear Friends,

case for maitenance is filed by wife under the false allegation and she left house with her elder sister's husband. husband attempted to make understanding her but she denied. she firstly filed case 498a and now filed maitenance case for extorting money.

court issued summons to native place of husband but his father denied to accept because husbnad is residing out of state in last 10 years. now court issued notice to residential address of husbnad but he was not in residents and notice backed by post office.

kindly advice what to do as anticipatory bail of husband is under hearing of session court. how to prolong the 125 case because husband do not want pay any single peny to such wife.

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ajay sethi (Expert) 02 November 2012
is your wife working? you are bound to maintain your wife if she is unable to mainatin herself . if however she is working and earningdecent salry she may not be entitled to maintenance

Nadeem Qureshi (Expert) 02 November 2012
Dear querist
Without full detail of you case, how can We give you best of our opinion.
Feel Free To Call

Devajyoti Barman (Expert) 02 November 2012
If the court allows substituted service of notice of 125 case then the court may pass ex parte interim order.
Do not prolong the 125 case , appear and fight on merit of the case.

V R SHROFF (Expert) 02 November 2012
expedite hearing of sec 125,

Ms.Nirmala P.Rao (Expert) 02 November 2012
Dear Client,

First get issue a legal notice to her asking her to come and join her husband. In cASE SHE REFUSES TO COME EVEN AFTER RECEIPT OF LEGAL NOTICE, THEN TELL her husband to file a suit for Restitution of conjugal Rights. In that petition, tell him to make allegations that his wife had le4ft his company without any reasonable cause. After inquiring into all the facts and circumstances of the case the court would decide the case. Meanwhile if the wife has any other source of income, husband need not pay MUCH TOWARDS MAINTENANCE OR ALTOGETHER CAN ESCAPE Paying

Ms.Nirmala P.Rao
Legal expert

Nitish Banka (Expert) 02 November 2012
Cr.P.C. Sec 125(4) as follows - No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.