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Khalid Khan   23 June 2017

125 crpc by parents vs domestic violence by wife

Respected Members

My Wife Filed Domestic Violence Case against me, my mom and sister , u/s 12 of DV Act for all the available reliefs including maintenance of Rs 30,000 per month, she was employed and is employed, NO KIDS, Marriage existed for 6 months

After she has filed DV, My mom & daddy have filed 125 Cr P C against me claiming 50,000 as maintenance per month, Daddy Age 63 Mumy Age 58, Dady is having partial paralysis.

I am a Chartered Accountant, unemployed, Freelancer, as per my IT Returns I earn Rs 22,000 per month on an average, NOW I WANT TO ASK THAT Will COURT CONSIDER THAT I have to Pay some amount to my Parents in 125 Cr P C and lower the interim maintenance to my wife in DV Case ???

I stay alone in rented place, rent is Rs 2000 pm.

She had deserted me to run away with her boyfriend, i have photo proofs for it , 2 yrs ago and has now filed DV after 2 yrs

THANKS IN ADVANCE



Learning

 5 Replies

Ms.Usha Kapoor (CEO)     23 June 2017

If she is earning and you can prove that in court that she is doing  a decent salaried job Since you  are responsible to provide for  your parents also A S PER 125 Cr..P..C ansd decision. YOU CAN PAY REDUCED maintenance as per court's descretion and decision.

2 Like

Dr J C Vashista (Advocate)     23 June 2017

1. Contest both the cases through a local prudent lawyer, where s/he will be taking up the challenge(s) intelligently and effectively, which is next to possible on this platform.

2. Collect all the evidences to prove your version and disprove her averments/claims and hand over to your lawyer engaged for the purpose.

3. No case is maintainable (u/s 12 of Protection of Woman from Domestic Violence Act, 2005 or Section 12 Cr PC) against your parents, they can be deleted from the array of parties through your counsel engaged by you for contesting cases against you.

4. Mere holding photographs of fleeing your wife with her boyfriend (before marriage) is inadequate evidence to prove her fidelity/adultary. You will have to collect evidence(s) which are "beyond reasonable doubt" if you want to get rid of her.

 

 

Sachin (N.A)     23 June 2017

Originally posted by : Khalid Khan
Respected Members

My Wife Filed Domestic Violence Case against me, my mom and sister , u/s 12 of DV Act for all the available reliefs including maintenance of Rs 30,000 per month, she was employed and is employed, NO KIDS, Marriage existed for 6 months

After she has filed DV, My mom & daddy have filed 125 Cr P C against me claiming 50,000 as maintenance per month, Daddy Age 63 Mumy Age 58, Dady is having partial paralysis.

I am a Chartered Accountant, unemployed, Freelancer, as per my IT Returns I earn Rs 22,000 per month on an average, NOW I WANT TO ASK THAT Will COURT CONSIDER THAT I have to Pay some amount to my Parents in 125 Cr P C and lower the interim maintenance to my wife in DV Case ???

I stay alone in rented place, rent is Rs 2000 pm.

She had deserted me to run away with her boyfriend, i have photo proofs for it , 2 yrs ago and has now filed DV after 2 yrs

THANKS IN ADVANCE

 

For DV Act:  Presence of all the respondents is not necessary. Your parents need not to attend the court proceedings. their lawyer will represent them in court. Only husband should attend court proceedings. Your wife is not entitled for maintenance if you have evidence that she is working.

 

For 125 CrPC: You yourself should offer a desent amount which you are willing to give your parents. As this is your legal and moral responsibility.

 

As you are living in rentend accomadation and your other expenses will be considered by the court in both the proceedings.

 

 

Born Fighter (xxx)     23 June 2017

Khalid, 

  1. Ur saying wife was / is employed. Also there are no Kids. U focus on getting evidences of her employment including salary details. If wife is earning sufficient to take care of her needs she will not get any maintenance. 
  2. Ur ITR says ur income is 22kpm. U did a mistake by asking ur parents to claim 50k pm from you so that u dont have to pay much to ur wife. These 2 figures are contradicting, if ur earning 22kpm then why r ur parents asking for 50kpm ??? Court will take adverse inference that ur hiding ur income.
  3. Now let 125CRPC case get decided and u urself show willingness to pay say 10k to ur parents. Unless ur wife gives other evidences to disprove ur ITR, the court will have no option but to grant very minimal ( ZERO maintenance if its proved shes earning)maintenance to ur wife
  4. Get some good proofs to highlight the conduct of ur wife to court and fight vehemently thereby denying to pay any maintenance to deserting wife.

 


(Guest)
Originally posted by : Sachin



Originally posted by : Khalid Khan



Respected Members

My Wife Filed Domestic Violence Case against me, my mom and sister , u/s 12 of DV Act for all the available reliefs including maintenance of Rs 30,000 per month, she was employed and is employed, NO KIDS, Marriage existed for 6 months

After she has filed DV, My mom & daddy have filed 125 Cr P C against me claiming 50,000 as maintenance per month, Daddy Age 63 Mumy Age 58, Dady is having partial paralysis.

I am a Chartered Accountant, unemployed, Freelancer, as per my IT Returns I earn Rs 22,000 per month on an average, NOW I WANT TO ASK THAT Will COURT CONSIDER THAT I have to Pay some amount to my Parents in 125 Cr P C and lower the interim maintenance to my wife in DV Case ???

I stay alone in rented place, rent is Rs 2000 pm.

She had deserted me to run away with her boyfriend, i have photo proofs for it , 2 yrs ago and has now filed DV after 2 yrs

THANKS IN ADVANCE





 

For DV Act:  Presence of all the respondents is not necessary. Your parents need not to attend the court proceedings. their lawyer will represent them in court. Only husband should attend court proceedings. Your wife is not entitled for maintenance if you have evidence that she is working.

 

For 125 CrPC: You yourself should offer a desent amount which you are willing to give your parents. As this is your legal and moral responsibility.

 

As you are living in rentend accomadation and your other expenses will be considered by the court in both the proceedings.

 

 

Dont fall prey to this scoundrel.  He is not a Lawyer.

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