CrPC-125 interim maintenance

Dear brother

your question is not so clear.

 

 

Yes, you can take the defence that your wife have wilfully deserted you without any valid reason and so she is not entitled to claim any maintainance.

No, you cannot dictate the court to complete the trial within one month time.

Dear Mohd Musabbir Ansari, I repeat my question for you here: 1. My wife filed CrCP-125 and also interim petition for maintenance. 2. In the CrCP-125 petition wife said that she has property of worth Rs.50,00,000/-. My wife plan is that by getting money from me she want to threat me to meet her money extortion demand, which I ma opposing. Also my wife is thinking that after getting sufficient money (through maintenance) she wants to file divorce, hence she is asking court to grant Rs.20,00,000/- as interim maintenance. I have good documentary evidences, which provide information that her allegations are false, same has been approved by Deputy Commissioner of Police. Now I have to fight interim first then I need to see that if any interim is passed by court, I need to take care to minimise losses with short period of trial, assude definitely I win CrPC-125. Hence I would request court to completel the trial in short time, say one month. Also I request court not to grant interim being wife left the matrimonial home without sufficient reason. Please advice me on how to achieve my targets ... Thank you.

Dear Prabhakar Sir,

 

I agree with you that, I should not ask court to close the case in a month time which would certainly put me in adverse condition.

 

I agree that with the evidences available  with me I am assuming I win CrPC-125.

For your kind information: The documentary evidences available with me are sent to Deputy Commossioner of Police, Hyderabad as part of complaint against my wife. Then I asked him him his openion through RTI (Right To Information) apllication, he replied saying that docuemntary evidences provide information that allegations on me are false.

 

For your kind information:   As per my wife version, she lived with me maximum of 22 days (as per her 498A complaint and police charge sheet) in the entire matrimonial life. Whereas in CrPC-125 she made allegations saying that I left her alone at house by not providing food and money many times, when total days calculated, as per allegations it comes around 26 days I left her alone without food and money. This is practically impossible. At the same time I have proofs (photos, veido etc) that wife attended 2 mariages, 2 birthday parties, 2 picnics, 5 days relatives (wife's) visit, two weekeneds guests isit to my house for lunch, 3 times shopping  etc...all these happened in the 22 days of her stay with husband.

 

Please honstly telll me with above proofs what percentage win I have ...

 

Thank you sir.

 

Dear Prabhakar Sir,

 

I worked a lot to collect all the documents to prove the wife said allegations are false.

 

In fact my relatives did not live with me at Bangalore (my matrimonial home) even single day. My wife stayed with me 22 days (she accepted and police charge sheet also says same) at Bangalore with me. During police investigation police did not visit Bangalore (which is crime place as per my wife) and they did investigation at Hyderabad and filed charge sheet.

 

Now with police charge sheet the (with some additional material) allegations on my relatives can not be proved. Whereas I would like to prove that her allegations are flase being my relatives did not stay with me at Bangalore. What kind of proof I can show to the court. My relatives are formers, they were working in their fields during that time.

 

Please advice me how to prove in court that wife allegations are flase considering the fact.

 

Thank you.

Dear Prabhakar Sir,

I would like to refer the below Apex court statement:

 

REF [1]: It is said by two-judge bench of the Apex Court that "Under the law, the burden is placed in the first place upon the wife to show that the means of her husband are sufficient. Second, there is an inseparable condition which has to be satisfied, that the wife was unable to maintain herself. These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife."

In this scenario, first wife should establish desertion/negligence/sufficient reson for living seperately (cruelty-498A) then court should see what maintenance can be granted to wife.

 

My wife said in CrPC-125 petition that she is living seperately due to cruelty. Hence the cruelty either in 498A case and CrPC-125 should be same (additional allegations couls come) but should not be 100% different. 

 

If wife appraoch court with CrPC-125 with different ground other than cruelty then the 498A case and CrPC-125 case would be different.

 

Please correct me if I am wrong.

hello sir my name is sarfaraz living in bhuj gujarat india. sir my wife is living with her mother and her elder unmaried sister and elder unmaried 2 brothers at 50k.m. of my home.she went there after being pregnet and to do delivary as per our society on 04.04.07.but after some time telephonic dispute with my sister in law. so my sister in law washed up her mind against me. on 30.06.07. my wife got female chil but they did not informed us to see my daughter and meet my daughter.we got this message by our relative who are living in their area. we went to my mother in law's home to see my daughter but they did not allow us to go inside of their home.we tried to solve matter by social and our caste's leader but they are not ready to compromise.at that time there was good life of my wife and me.sir they have filed case against me as per cprc act 125. but i am ready to live with her near her mother's home.but they are not ready.sir i have not seen my daughter since her birth.now i want to take custody of my daughter and want to take my daughter with my home with my mother and father.i have filled case in district court as per guardian and ward's act.on 08.012.09.sir my mother in law is working in government job and my sister in law is LIC agent and my 2 brother in law are working in private firm. and my wife is hendling beauti parlour. so how can my baby live what is her future at there? sir can i get custody of my daughter and can i get permission to meet my daughter till this case come to oreder?please help me.can i file restitution of conjugal rights act against her?if she refuse of conjugal right then will she entitle for maintenance?she has filed for interum maintenance during 125crpc but i have file crpc256 and case is on order of crpc256.judgment is pending. sir i do not want to give her maintenance i want to live with her but she does not want.now please help what i do?

Dear Friend,

You need life with her right ... send some money to your wife and your daughter and show your love towards them...this needs to be done as early as possible ...keppsending every month with out fail...even if it returns...keep the proof of the same...do not wait till court orders you to pay something to your child and wife being you love them... later you can refuse being she is not showing respect to you.

 

Noe comes to child issue, do not seperate mother and child. Let child with wife. You ask for child custody now itself but in that say that you need child custody if wife fails to join you with in a year or so...till then ask for visitation rights every weekened and get permission to capture the happy momnets in camera (this also helps in not making false cases on you while you visit your wife place).

 

This is the immediate solution... do not put cases on her being she is mother now and has lot of responsibilities... this also show your character on your wife nad child...also show humanity.

Later things will be normal. Believe that only love can solve critical problem which are not een solved by death.....

After meeting your wife see the possibilities to with draw case you filed. Call me if possible on my number I am sendign you through PM

jab hum dono ki 18/12/2009 ko engagement ho gayi to uske dad ne 1 lakh rupeya maga meri wife ke studies karne ke liye maga or gulf se humne bheja1 lakh rupeya uske bank account may dala 11/12/2010 ko shaadi ke 2months ke bad 3 lakhs maga ya bola ke studies wo apne mom dad ke ghar pe kar wayege or jab humne mana kiya to phir meri wife ne choti choti baat par ladna or jagda karna phir shaadi ke 5months ke bad humne uske mummy papa ke ghar legaye ke usse kuch samjaye unho ne kaha ke usse chod ke jao usse samjayege magar pehle wakil se notice diya phir family court se notice diya mujhe ab Maharashtra se Karnataka har mahine jana hota hai meri wife ne mujh par jhuta ilzam lagaya hai ke mujhe cancer ho gaya hai or mere gharwalo ne unse jhut bola hai ke main icici bank may job karta hu or meri didi or jijaji or bhai pa bhi jhuta ilzam lagaya hai ke wo sab log ne mil ke usse pareshan karte the or usne 125cri pc file kiya hai or district court se warrant bhi nikala magar hum sab ne anticipatory bail bhi kar waya police station crime No.82/2011 419, 120-B, 504, 506, 420, 405, & 406 r/w, 149 or mujhse 50,00,000 lakhs compensation jab ki meri cancer ki sari reports normal hai or HBsAg 0.01 IU/mL (nonreactive) HIV Ag/Ab 0.09 S/CO (nonreactive)

FALES ALLEGATION 1(notice) from my wife side tasneem faisal shaikh under instruction, information and authority furnished by my client -tasneem w/o mohammad faisal shaikh 1) that you are the legally wedded husband of my client the marriage between you and my client is solemnised on 11th december,2009 at karnataka as per customs of mohammadan law 2) that at the time of talks you and your parents suppressed the material facts and told my client and her parents that you are serving in ICICI bank and also owning a house. after marriage it was revleled that you are sverving as a driver in BSNL comp on temporary basis.apart from this you are also suffering from thorat cancer and this fact came to the knowledge of my client on the night of 19/12/2009 when you suddenly started vomitting and you also passed blood from your vomitting, hence my client was little bit suspicious and asked you to show the -prescripttion of the doctor and further told you that she wants to accompany you to a doctor,but you and family members started avoiding my client and also did not show the prescripttion. 3) that you were also in a habit of adandning my client and you used to reside with your brother in law his residence at pune, i.e. your brother' in law's house 4) 1 brother 2 sisters harrasing my client mentally 9) that as you are suffering from cancer my client does not wish to continue the marital relationship with you as the said deceased is contageous and my client is educated girl having completed B.A.and N.T.C. and also serving as temporary teacher in islamiya high school. and you and your family members have ruined the life of my client for which you are also liable to be prosecuted and you shall also compensate my client in trems of cash to the tune of Rs 50,00,000/- rupees fifty lakhs only NOTE: Please note that my client's parents had given 10 tolas of gold ornaments on my client which is illegally retained by you and your family members and you have also taken away the ornaments given to my client by you