Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravi (a)     16 August 2017

Crpc 125 after 6 years

my wife filed CRPC 125 after 6 years of our separation. she left my society without telling me and seeking my permission for delivery but had gone and ate hefty amount in 24HMA in divorce proceedings. Due to greedy nature, she filed main/interim petition u/s 125 CRPC as she wanted tax free monthly income thru out her life. Remarriage is not her goal and hence this harassment. Please suggest what should i do and how to get rid of this.



Learning

 6 Replies

Siddharth Srivastava (Advocate)     16 August 2017

Mr. Ravi, you are in habit of posting same query. By posting same query the reply shall not be changed. You cannot do anything in the matter. Your wife is entitled to claim maintenance through out her life till she gets remarried or if she expire and shae is also entitled to claim enhancement in the light of inflation etc. and you are legally bound to pay her awarded maintenance.

Ravi (a)     16 August 2017

Thank you sir. i will not post anymore queries.

Raveena Kataria (Advocate )     17 August 2017

I'd suggest that you get in touch with a learned advocate who can assist you in putting forth arguments in the court in the light of the facts you have stated. Seeking maintenance, after all, is NOT your wife's absolute right and rests solely upon the discretion of the court. If the court deems, for instance, that your wife has means to sustain herself, it shall set aside the order for maintenance.

Ravi (a)     18 August 2017

Thank you. She accepted the same in divorce / 498a cross also that she worked before marriage and after marriage but suppressed the same in CRPC 125 main/interim petition. i have proofs to go on to show that she has been working even after separation.

my fear is about the opposte lawyer who is so senior that he can influence anybody and above all the judge is a lady. will they listen to my facts in my prayer? since i heard judges are keen to favor ladies only. :(

sai narayana   18 August 2017

If Lowe court doesn't move according to law then we can move HC.

Raveena Kataria (Advocate )     21 August 2017

As suggested above, you can put a revision petition in the high court if you are not satisfied with the lower court's judgement. A woman is not entitled to seek maintenance if she has a job, and there have been cases where jobless women have been denied alimony on grounds of being capable of getting a job of good earning. (However, if your child is involved, he or she may be awarded maintenance on a separate basis.)


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register