Munirathnam (Scientist) 08 October 2013

498a corss proves crpc-125 is false

Pleasea suggest solution:

Wife running Maintenacne case U/s 125 of CrPC with allegations of Cuelty and Harassment ...

In 498A case, during Corss Examination wife admitted incidents such that ALL alleged incidents mentioned in 125 CrPC case are false and are not possible to happen....

The next date in CrPC-125 is on 17th OCt-2013.

Can I file MEMO enclosing her admissions in 498A Cross to dismiss/stop the proceedngs of CrPC-125 case .... or should I file seperate application to dismiss/stop the maintenacne case proceedings?

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3 Replies

P.Bashista (Advocate) 08 October 2013

Sir,

The maintenance given under Section 125 is for the reason that you are ignoring your wife and also she is not in a capacity to maintain herself. Even if you put on record that there has been no cruelty on your part (as per section 498a) still you need to show the court (before which 125 case is pending) that you are not ignoring her, rather she is the one who is voluntarily staying away from you.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 08 October 2013

Dear Querist

file a memo with the certified copy of the cross examination and raise the question regarding the main issue & approach to court to dismiss her petition because this petition is baseless/groundless.

Munirathnam (Scientist) 09 October 2013

Dear P. Basista Sir,

The ground taken by the wife to live away/seperately from Husband is alleged cruelty as mentioned in the CrPC-125 Petition ... While CrPC-125 case is in pending the husband filed Petition U/s 9 of HMA and Court ordered ((Ex-Parte, wife not contested...) wife to live with Husband ....

Even wife did not say that Husband is neglecting the wife.... and Husband many times submitted MEMO in CrPC-125 case asking the court to advice the wife to live with Husband ...

Here I believe that wife committed Perjury also while there is no lawful reason to live away from Husband ....