Can wife go for 125 maintenance (144 bnss) appeal
To all respected Sir/ Madam,
I am giving an overview of my case. Myself husband (Respondent) and my wife (Petitioner).
>> Me and my wife lived together for 1 year 2 months approx. Then wife left home on her own, saying she wants divorce from me otherwise she commit suicide. Wife’s brother also came at my home and threatened to take divorce by giving alimony 10 lac. (Their main intention is to take large alimony amount otherwise they will disturb my life) My father is an ex railway employee.
>> I filed police diary of every event through India Post, mentioning my wife and brother-in-law name. I have also mentioned in the complaint that she and her brother threats me to take divorce otherwise she will commit suicide.
>> Wife filed 125 crpc (144 BNSS) with false allegations like dowry, jewellery.
>> During the court proceeding, I submitted the police complaint application copy in court. Court also considered it as Exhibit 1.
>> In the cross examination of my wife, she told the court that she wants DIVORCE, and also told the court that I am a bad guy.
>> In the cross examination of my; I said that I have fear of staying with wife because she threats for suicide and she wants divorce. Wife is short tempered and always uses un-parliamentary words to me. She never respects me, as I am unemployed and earn very low from private company.
>> At present, the case status is “CONTESTED – REJECTED” (Screenshot with the last page of judgment is attached hereby in PDF format)
>> Wife filed the case on 17 August 2024 and judgment was given on 27 August 2025 (the case run for approx. 1 year and mujhe kaafi mehnat karni padi, kaafi harassment hua mentally physically)
>> The judgment was given and wife will not get maintenance under section 144 (4) BNSS
Present scenario-
** The judgment was given on 27 August 2025. As of now, it passed around one year. She did not filed appeal.
** At present, I have qualified first stage of railway group D exam and another state level exam, and the joining will be done within 7 months if I qualify in the next stage.
** On the other side, now my wife is planning to come back to my house again.
** BUT, I have a fear of living life with my wife as she had made all false allegations on me and threatens me for suicide. I have no belief on her. Also my parents are aged, and my wife can create disturbance.
** Me and my wife have no child from our marriage.
Now I have some questions-
1. Can she appeal to the court now, after one year of judgment time passed.
2. If the court denies her appeal, then can she do fresh maintenance case again.
3. Can she change her statement in her new fresh case and says that she wants to stay with me (husband).
4. Can she plan new allegations on me in the new fresh case.
5. Can the court allow her maintenance if she says that she wants to stay with me, BUT I am still on the same decision and can’t stay with my wife as I have fear. Now, I have no belief on my wife.
6. Can she plan to disturb my government job joining in the coming future as she came to know from sources that I have qualified 2 exams. As I know she and her family members have only one intention to disturb my life.