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wife refused husband but asking maintenance

Kaatu Poochi&Co

I filed RCR case in family court. But my wife has field DVA,125 Crpc maintenance, In that petition she informed not willing to live with her husband. Then how court accept her 125 CRPC maintenance petition. 

125. Order for maintenance of wives, children and parents.

 

(1) If any person having sufficient means neglects or refuses to maintain

Question :

1. Wife refused husband, can she claim maintenance under section 125 CrPc?

2. Husband not refuse wife he is calling wife  mean ready to give maintenance.

3. Her petition she not like to join with her husband but want maintenance how court allow this petition?

 
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Lawyer

Q 1 Wife refused husband, can she claim maintenance under section 125 CrPc?

A. She has refused what?????

If she does not want to stay with husband, she is not entitled for maintenance.

Q 2. Husband not refuse wife he is calling wife mean ready to give maintenance.

A. Reverese of Q 1

3. Her petition she not like to join with her husband but want maintenance how court allow this petition?

A. As in Q 1


 


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instructor

if she had refused to live with you in response of your rcr and in her maintenance petition but if she give the sufficient and adequate reason for that as she had already filed her DV case against you then she will get maintenance .

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Litigant

Wife can file such petitions under the law. It is common practice in such to say things I wish to stay in matrimonial home to appeal to the court's sympathy even if she has harbored ulterior motives. Then add that she fears threats if she stays in matrimonial home. Petitions of full of fairy tales and vague stories. Things are decided in the main trial period which can go for years. In Dv dates will be faster. Present your side through a good lawyer and contest. Think of it as a game. Maintenance will be given on the basis of facts available or not, assumed status etc. It can vary from magistrate to magistrate too.


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Kaatu Poochi&Co

What what does the following link mean? Is this applicable for my case?

 

http://mynation.net/docs/1645-1978/

http://www.dnaindia.com/mumbai/report-no-maintenance-if-you-ditch-spouse-sans-valid-reason-bombay-high-court-1958788

No maintenance – If wife refuse to stay with husband

http://mynation.net/docs/1645-1978/#sthash.xU6FsECf.dpuf

 
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Litigant

It means that an improper refusal on the part of wife to live with her husband has been proved.

Those are cases in which trial is over.

In your case it is ongoing. If the circumstances of your case match in the magistrate's eyes then you will get benefit.

If magistrate thinks your case is different then it may not apply to your favor.

an improper refusal on the part of the wife to live with the husband has been proved - See more at: http://mynation.net/docs/1645-1978/#sthash.xU6FsECf.53mZL9h6.dpuf
an improper refusal on the part of the wife to live with the husband has been proved - See more at: http://mynation.net/docs/1645-1978/#sthash.xU6FsECf.53mZL9h6.dpuf
an improper refusal on the part of the wife to live with the husband has been proved - See more at: http://mynation.net/docs/1645-1978/#sthash.xU6FsECf.53mZL9h6.dpuf
an improper refusal on the part of the wife to live with the husband has been proved - See more at: http://mynation.net/docs/1645-1978/#sthash.xU6FsECf.53mZL9h6.dpuf

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advocate

on what conditions she is not interested to stay with you is ascertained by the court and will decide maintenance 

 
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Kaatu Poochi&Co

As per act :

U/S 125 CRPC (a) his wife, unable to maintain herself,

 

No maintenance for Qualified wife – CrPC 125- Delhi HC (attached )

My wife has completed DTED Teacher training still not working, But she can maintain herself.

 

In my case is this applicable??



Attached File : 531119368 no maintenance for qualified wife – crpc 125- delhi hc.docx downloaded 272 times
 
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Litigant

Both her refusing to stay and being qualified are points for you to put in front of the court. Then await decision. If in favor, fine. Else you can appeal and get stay etc. in higher court.


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Advocate

You have been advised properly by many experts, you may follow their advises.  Nothing more to add.

 
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