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Munirathnam (Scientist)     06 December 2012

Conflict condition in 498a and 125 crpc case

Wife file 498A case saying that husband and others harassed and subjected to cruelty to sell her Rs.50,00,000/- (50 laks) worth property and give money to husband and family.

 

Same wife file petition under section 125 of CrPC seeking maintenance on the ground that she does not have anything to survive.

 

What would be the correct way to deal this situation while doing cross examination of this wife claim



 4 Replies

victim (master)     06 December 2012

Normally she having some property is not of much use in crpc 125 for man as she can always say that she is not earning anything from that property. and she has no other sources of earnings as well. Now if you can prove by anymeans that she is earning or property is having the potential to earn for her like by giving rooms on rent etc. if already given on rent or in past it was given on rent try to gather evidences to prove the same in court. This will give some relief.

Munirathnam (Scientist)     06 December 2012

So if husband takes loan/lan of worth Rs.50,00,000/- then his entire salary (from Rs.70,000/-) will be adjusted as EMI (65,000/-). At that time can husband take stand that husband salary is less than Rs.10,000 and both the spouces are of eaqual status hence wife may be granted Rs.2,000/- per month upon proving cruelty or harassment?

victim (master)     06 December 2012

if its home loan or loan for treatment of some critical illness of self or dependants or some education loan then only. Other personal loans and car loans etc not considered. I can tell this on basis of few articles, posts and judgements which i reffered for my problems.

125 suffer (na)     21 October 2013

upon proving cruelty or harassment?

If she is unable to prove cruelty or harassment by the husband, So still she will get the maintenance amount ? please reply 


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