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Want to Live (NA)     01 June 2013

125 crpc & 127 crpc

Dear All,

1-In Maintenance case u/s 125 Crpc family court has granted Rs 8000 p/m to my lovely wife.

In between my company was shut down & i was asked to leave. then I got a less paying job. wife filled execution

I stared paying less i.e 1000 or 2000 p/m. on last date wife has refused to take Rs.3000 mentioning the huge amount as arears, I have filed 127 cr.pc on the same date with all the revelent proofs & prayed to family court that 

I have never denied to cohabitate with her & still ready to live with her at any place of her choice as per my capicity. but she is not ready to come back non she has proved any thing on record realted to ill behaviour & dowry demand during her stay at her matrimonial home. thus she is not entitled for any maintenance.

My Lovely wife was shouting for complete payment else arrest warrant. Judge simply write in the order that she is not receiving money Rs 3000 so next date is 9th Aug-13. & asked my lawyer to file Sec-127 Cr.pc petition seprately & not in sec-125 crpc case. 



Learning

 2 Replies

Adv k . mahesh (advocate)     01 June 2013

as said by the judge file s-127 crpc separetely and contest to reduce the maintenance, the judge will consider by the evidences and documents shown by you to the court. 

what happened in the mediation, if any 1 one you had filed for divorce if then contest for that you will stay with her and you do not need divorce 

Rahul (Engineer)     05 June 2013

1 simple defense for you is vailable. Just say that kindly treat husband's 127(1) application as a defense in 125(3) executions proceedins. And refer the citation in front of judge to support your saying.

Citation Link is https://www.indiankanoon.org/docfragment/449411/?formInput=ashok%20yeshwant%20samant%20vs.

This will give you relief & meanwhile pay little possible amount in the proceedings as per your current capicity & if your wife does not wish to accept that then also you are safe.


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