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Manish (It Professional)     24 August 2010

CRPC 125 judgement..

Dear Law Experts, I am a false 498a victim, my wife filed a false case against me and my family under 498a/ 406 etc, Police filed a Final Report mentioning that case seems to be false no evidences are found or gathered or presented by wife during investigation, case is now converted as private complaint case against my wife’s protest petition. Court asked my wife to present herself for statement but she did not give any statement and now date is postponed to next month. She also filled a maintenance petition under crpc 125 on the basis of same allegation made in 498a case.

The fact is my wife ran away with one unknown person and her father after 2 months of marriage with about 2 lacs rupees of gold and jwellery, I made a written complaint in the local police station and police commissioners’ office and received copy of my complaint on the same day, till now, I did not receive any notice and any kind of call from district court in any case

1.       How much time it will take normally to order for maintenance case if wife is unable to prove any allegation made under section crpc 125?

2.       Can a petition be rejected if wife unable to prove allegations under crpc 125?

3.       What is the legal remedy I have to get rid of my wife, when she is not ready for any compromise and asking a huge amount?

I appreciate you needful.

Thanks



Learning

 12 Replies


(Guest)

no maintenance u/s crpc125 in adultery , tons of judgements on it. even bare act reads same.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     24 August 2010

How much time it will take normally to order for maintenance case if wife is unable to prove any allegation made under section crpc 125?

 Nobody can predict how much time it'll take. 

 

Can a petition be rejected if wife unable to prove allegations under crpc 125? 

     yes    

 What is the legal remedy I have to get rid of my wife, when she is not ready for any compromise and asking a huge amount?

 File a petition for divorce on the basis of available evidence on the ground of cruelty. 

 

 

 

 

1 Like

Adv Archana Deshmukh (Practicing Advocate)     24 August 2010

It is true that a wife living in adultry is not entitled for maintainance. But you need to prove that she is 'living in adultry'.

1 Like

Manish (It Professional)     25 August 2010

But if I did not receive any summon or any notice from the court and not presented to the court and did not hire any lawyer till date, Can court order of maintanance to the wife on false allegations?

If I am filling a divorce case under ground of desertion and cruelity then.


(Guest)

1. It will be ex partied due to non appearance.

2. S. 125 CrPC interim maint. procedure is a summery trial means as far as possible within 60 days.

3. If you have nothing to fear than as you know that she has filed S. 125 crPC and living in adultry then what is stopping you not to appear before the Court ! 

Manish (It Professional)     25 August 2010

@ Mr. Arun.

Our native is in UP (my and my wife's) and I am working in Kerala, I did not receive any summons or notice in S 125 CRPC but her father only told that in July 2009 they have filled a case of maintanance.

I really didn't understand  your point no. 2. S. 125 CrPC interim maint. procedure is a summery trial means as far as possible within 60 days.

I did not appear before the court b'cause I am living in Kerala and she has filled it in UP. bt I discussed some legal experts and they asked me to wait till i get any notice or summon.

Arup (UNEMPLOYED)     25 August 2010

to wait till i get any notice or summon

- YES THEY ARE RIGHT, YOU HAVE TO WAIT, DO NOT WORRY.

1) AS PER MR ARUN, IT IS SIXTY DAYS . UNTILL YOU RECEIVED THE NOTICE / SUMMONS - THE CASE NOT STARTED FOR YOU. KEEP WATCH. MIGHT BE THAT THERE IS NO REASON / SCOPE TO SEND YOU SUMMON.

2) PROVE COMES IN A LATTER STAGE. FIRST OF ALL COURT HAVE TO SUMMON TO YOU. OTHERWISE THE CASE NOT YET STARTED FOR YOU.

3) FILE RCR U/S 9 OR FILE DIVORCE U/S 13 OF HMA.,

IF YOU HAVE SOLID PROOF OF ADULTRY, YOU WILL GET DIVORCE EASILY. MS. KAUR PERFECT.

YOU MAY KEEP AN ADVOCATE FOR THE PURPOSE OF KEEPING WATCH AT THE COURY OF 125 & 498A. HE WILL KEEP YOU REPORT REGULARLY. ALSO MAY FILE A CAVEAT IN THAT COURT, TELLING HER FALSE  STATEMENT WHICH YOU GOT FROM OTHER SOURCES.. BY CAVEAT, YOU WILL BE ABLE TO ESTABLISH A DIRECT LINK WITH THE COURT.THEREAFTER, COURT CAN NOT ORDER EX PARTY, WITHOUT NOTICING YOU.


(Guest)

@ Arup ji,

1. By caveat filing he is informing Court that he is aware of Maint. case yet there is no reason he is telling to Court why he should attend !


2. As soon as the Complaint gets registered (S. 125 CrPC) subject to PF filing issue Notice is usual direction of Courts. The other side has filed the PF and issued Notice it seems. Now the Notice is to be served intra State so they will approach again for re-issue of Notice, again same thing may happen. Now third they will ask for Service effected through local PS (native of Kerala). So he can buy time till then.


3. If he goes for S. 9 HMA then he is accepting her adultry.


4. If he files for S. 13 HMA he is showing cruelties as well as solid grounds in S. 125 CrPC


5. He probably already has Advocate that is why he is saying S. 498a IPC and S. 125 CrPC filed in her jurisdiction so Kashmir se Kanya Kumari taak picha nahi chodeingey wala kissa hai yeh.......!


Hope you may agree to above leads / strategy !

Bhushan Suryawanshi (student)     04 January 2012

what about the child of a lady  who bron before the merrage? and maintain by the husband 10 year. living in same family and her husband agree to take guardianship. Now she files the claim for maintance u/s 125 (Cr. P.C.) of her and child? can he liable to get?
 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Yes, if the husband has become guardian the right of child is equivalent to the natural born child.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

md.nazimuddin hazari (nil)     31 May 2013

MY SON IN LAW IS A GOVT EMPLOYEE. HIS MONTHLY GROSS SALARY IS ABOUT 42K. BUT HE HAS INTENTIONALLY TAKEN SUCH A HUGE LOAN AGAINST ALL POSSIBLE GROUNDS THAT AFTER DEDUCTION HIS NET SALARY IS 10K ONLY. MY DAUGHTER HAS TWO CHILDREN . ONE IN CLASS 5 OTHER IN CLASS 2. NOW SHE HAS CLAIMED MAINTENANCE UNDER SECTION 125.  MY QUERY IS THAT WHILE CALCULATING THE AMT SHOULD THE GROSS SALARY BE CONSIDERED OR THE ONE AFTER DEDUCTION. 

satya prakash (Clerk)     02 June 2013

Dear nazimudding Hazari, give the complete case details. Are you really seeking for help to make ur daughters life happy or you are seeking for help to find out how to harass ur son-in-law? because now adays there are hardly few cases countable on fingers which are true else most of the cases are false only.

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