chandermohan (proprieter) 29 September 2014

125 crpc

Dear Sir / Madam,

My wife has filled case of 125 crpc on me and court has granted interem maintainance of 4000 for my wife and 2000 for my daughter which i am paying from the last 2 years. Till date they have not filled their P.E. and every time they are making excuses. I have recording of conversation Dated 28 April 2012 between me and my elder sister in law in which my sister in law has clearly told me that she will only join my company when i will apart from my widow mother for which i completely refused as i am only son of my mother. There is no 498 of dv case against me. I just want to know that can now i can produce this evedince in court. Will court exccept it and on this ground can court deny maintance to my wife. Neither she is comeing back neither she is ready to give me divorce despite of councelling and also told by magistrate that if your husband is not good leave him and start a new life. She is accusing me on many grounds but without any evedence. In the meanwhile my wife and her parents did not allowed to meet my daughter and at last i filled a case of custody still pending but i got interem visitation rights to meet my daughter twice every month for 2 hours each and for which i have to pay my wife 1000 per visit as taxi charges which i am paying for last one & half years.

Waiting for your kind advice.

Regards

Vivek Malhotra

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4 Replies

Tajobsindia (Senior Partner ) 29 September 2014

@ Author,

1. The content of recording as mentioned in your brief will not bring any new relief in main case is my view. Hence, drop it.

2. It is also my view that the whole facts did not bring any desirable long term relief for you and yet you are respectfully complying with each and every monetary Order of the Court (without protest!) hence it is suggested to file divorce suit against her based on desertion and mental cruelty as not giving valid reason of not living with husband and even during the pendency of S. 125 CrPC may also constitute mental cruelty if prayed properly is my view.

3. If it helps consider discussing till date case papers with another seasoned advocate (local) for local opinion as I also feel you are a simple law abiding litigant husband caught in cobwebs of adversial Law.

[Last reply]

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shanmugam lakshmanan (senior) 29 September 2014

Dear sir, It seems from your post that you are now paying pendent lite alimony. If you are advised that you have a good case on your side request your advocate to insists for final hearing and disposal of case at earlier. At the same time neither you can priority in hearing of your case nor your wife protract the case just for the sake interim alimony. The Court will take appropriate decision on your application to hear the case without any further delay. Your Advocate is the right person to guide you in this regard.

sunil sharma (practising advocate) 30 September 2014

go for the divorce petition under the head mental cruelty

sunil sharma (practising advocate) 30 September 2014

on the other hand maintenance is to be provided by a husband to his wife and children try to prove in the court that she willfully left your company on her own volition