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Dev (xxx)     14 November 2013

Crpc 125 - maintenance

She has filed CRPC 125. She is highly qualified and earning more than me. She left my son also with me when my son was 4 yrs old. Son is 6 yrs old.

I have already filed divorce on cruelty grounds.

Can you please suggest what to expect on first date of this maintenance case?

and

How to handle counseling for this case? Is it mandatory to go for counseling or can I refuse it?

I dont want to stay with her at all and dont want to change my story infront of counselor.



Learning

 4 Replies


(Guest)

Attend first date or not is entirely up to you.. But file objections to the maintenance petition through your lawyer.. But make sure you attend date when you are called for evidence and cross examination subsequently or else you will have to pay maintenance whatever your wife has asked for be it 1000 or 10000 per month etc.

T. Kalaiselvan, Advocate (Advocate)     14 November 2013

since this is a criminal case filed against you, you have to appear before the court for the hearings.   Gather all the evidences of her employment and all other sources of her income, be specific about the reason for her desertion that whether she deserted you on her own or was driven out by you, What are all were the cruelties she inflicted upon you,  and any other substantial reason through which you can take shelter, file the counter with strong objections and evidences in your possession to substantiate your pleadings/grounds, cross examine her effectively, contest the case with your merits, always keep insisting that she is earning a very handsome amount hence she is very well capable of maintaining herself without any hitch, further your kid is also staying with you under custody and maintenance, thus her claim for maintenance is not maintainable or tenable by law.

Dev (xxx)     14 November 2013

Thanks Helping Hand and Kalaiselvan,

 

Helping Hand - I wish to attend each and every date as I want to contest it as I am against paying her anything.

 Kalaiselvan sir - She has deserted me and my son. She has also hidden facts that she is earning. I know where she works.

My main question is Is counseling mandatory? OR Can i refuse it?

If counseling is mandatory then how to handle it keeping in mind that I dont want to stay.

T. Kalaiselvan, Advocate (Advocate)     14 November 2013

There will be no counselling session for  maintenance case u/s 125 Cr.P.C., until if both the parties seek for one.  However, if you are unwilling to appear before a mediator/counseller you will not be compelled to attend the session.  


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