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Chirag   07 December 2015

Crpc 125 sec

My wife has deserted me and family for past 9 months and sent me a notice of 125sec crpc.....We went under counselling and even judge took us in chamber & had a meeting with her parents and mine...at one point she even agreed to come but later she denied.....all she needs is money and alimony....

I even agreed lets stay alone on rent & njoii our life with my 16mnths old son but now she is asking my parents to handover the extra flat which is under my parents name.....i am trying my best to make her understand and let go all this petty issue.....

How should i fight and what decision will judge take,....will she get alimony if she goes on denying and ask for flat etc...etc....i dont mind givning maintance charges for my son....but wife no ways..... pls help with ur valuable comments .... 



 7 Replies

saravanan s (legal advisor)     07 December 2015

Let a year pass after that you can apply for divorce on the grounds of wilful desertion on her part for continous two years. If you can prove that she had voluntsrily left the house with out any reason then you can deny her maintenance but not to the child

saravanan s (legal advisor)     07 December 2015

Let a year pass after that you can apply for divorce on the grounds of wilful desertion on her part for continous two years. If you can prove that she had voluntsrily left the house with out any reason then you can deny her maintenance but not to the child

Mukesh sharma (job )     07 December 2015

i agree with sir you do the same you file case in court  

Adv. Sagar R. Jadhav (Proprietor)     07 December 2015

Wife only claim property on husbands name or aquired during husbands lifetime by husband. No right over father in law or mother in law's property even for maintainace.

Chirag   07 December 2015

Thank u so much for your reply.....i am ready to accept her as i dont want my son future to be spoiled...her parents had come and taken her back and we even told them to send her back in 9 days....but it took them 9mnths strange.....no harressment,no torture no physical .....can she post any other case against me if judge say no to maintanance for her....I earn 20k a mnth in hand....and hve some savings of 5L ....If my parents hve more savings then me....can she ask for it... now my lawyer was saying regarding restitution of conjugal rights against her..... 

 

Doomed_Man (Respondent)     10 December 2015

Ask her to give in writing that she wants your parents' flat. If she is stupid enough...it will work out in your favor

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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