i m crazzy (None) 23 October 2013

Can i file 406 against wife

My Wife Has Left Me 8 Months Ago And She Has Filled Maintanance (CRPC 125) In Family Court ( Other State From Her Home ) And I Have Recieved The Petition Copy And Court Has Given The Date In Nov 2013 .

I Have Filled The RCR ( Sec 9 ) Recently .

I Just Want To Know That Can I File The RCR Certified Copy In High Court By Mentioning That I Am Ready To Accept Her And She Is Asking For Maintanance. Will It Help Me Or Can Court Reject The Maintanance On The Ground That Your Husband Is Ready To Accept Than Why You Are Asking For Maintanance.

She Is Post Graduated And She Has Mentioned That She Is Not Skilled And Cant Earn Can I Submit The Documents Which Can Prove She Is Educated And Can Earn Own .

Can I File 406 Against Her As She Has Taken All Her Jewellery And Also Our Jewellery And Cash With Her. If I File What The Action Will Taken Against Her By Police Or Court.

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3 Replies

saloni (house wife) 23 October 2013

Hi Author,

Your wife filed 125 CRPC from her parents home town? Or some other place.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 23 October 2013

Dear Querist

you can file a case u/s 406 of IPC based on the payment & not the jwellary.

Feel Free To Call

Jairaj (Partner) 23 October 2013

Im sorry but with due respect to my fellow brothers, if your wife left you for no reason that amounts to desertion and she may not be entitled to maintenance - subject to latest caselaw on this. Please check.

There was only one Delhi High Court Judge who was brave enough to refuse maintenance to a MBBS graduate wife on the ground that she coulde earn a livelihood. Interesting judgment. Must read. Regretfully the said decision was appealed to the Supreme Court and Im not sure if it was set aside. Maybe my fellow brothers may shed light on this.

Regretful but matrimonial laws in large are gender biased. Time to rethink them. But who do we vote for that?