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Amrinder   12 February 2017

125 crpc - grant of maintence and expenses of litigation

Dear Sir(s)

Please consider this below: 

1. Wife filed a case of 125Crpc in July 2014 demanded 30000 saying husband earn 1 Lakh.
2. Oct 2016 Court ordered that since Wife could not provide any income evidence but we assume even if husband do a daily wage, he would earn 300 daily, hence passed an order of Interim Maintenance of 5000/- from the date of application.
3. Arrear is now at 1.25 Lakhs
4. Husband could not re appeal the order within 30days due to certain reasons 
5. Husband is now paying 5000+ 500 (Arrear) = 5500/- every month. He can’t pay more than this. . He can’t pay more than this. 
6. Case is at the stage of Plaintiff/petitioner Evidence

Now We Want to know that: 
1. Will the Case will remain at this same stage only until Arrear is cleared ? It’s already been 8 dates. (Please share any Rule/Law/Judgment in support of this) 
2. If this is not true, how many more opportunities they can seek from court to proceed and submit evidence for final maintenance. 
3. Since Girl is Post graduate and also left matrimonial home as per her own choice (Recordings submitted in Court, But Court not considered during Interim decision) Hence We will fight to get this 125 denied.  
4. If Crpc125 denied, will those arrears 1.25 Lakh still stand and payable? If not denied, but amount is changed from 5000 to any other amount, will arrears be changed accordingly? 
5. If Denied, Is there any provision for husband to recover the amount already paid Interim maintenance, which she do not deserve at first place. 


Please advice:
How shall we now proceed to Divorce case? Both are parties are only willing to go through court settlement only. 


Thanks 



 11 Replies

Sachin (N.A)     12 February 2017

Originally posted by : Amrinder

Dear Sir(s)

Please consider this below: 

1. Wife filed a case of 125Crpc in July 2014 demanded 30000 saying husband earn 1 Lakh.
2. Oct 2016 Court ordered that since Wife could not provide any income evidence but we assume even if husband do a daily wage, he would earn 300 daily, hence passed an order of Interim Maintenance of 5000/- from the date of application

3. Arrear is now at 1.25 Lakhs
4. Husband could not re appeal the order within 30days due to certain reasons 
5. Husband is now paying 5000+ 500 (Arrear) = 5500/- every month. He can’t pay more than this. . He can’t pay more than this. 
6. Case is at the stage of Plaintiff/petitioner Evidence

Now We Want to know that: 
1. Will the Case will remain at this same stage only until Arrear is cleared ? It’s already been 8 dates. (Please share any Rule/Law/Judgment in support of this) 

Case will move futher, no need of any judgement 


2. If this is not true, how many more opportunities they can seek from court to proceed and submit evidence for final maintenance. 

Its upto you how you insist the court to impose penelty on her or to close the opportunity of filing the P.E


3. Since Girl is Post graduate and also left matrimonial home as per her own choice (Recordings submitted in Court, But Court not considered during Interim decision) Hence We will fight to get this 125 denied.

Correct

 
4. If Crpc125 denied, will those arrears 1.25 Lakh still stand and payable? If not denied, but amount is changed from 5000 to any other amount, will arrears be changed accordingly? 

If you win the case the arrears will not be payable, and if you loose you have to clear all the dues. Change in amount will be the discretion of the court . If she get the amount of final maintenance increase after getting evidence of your income then arrears may increase but if she succed in getting increase amount due to some other reason like her necessities not fulfilled in Rs 5000 then court may not increase arrears

5. If Denied, Is there any provision for husband to recover the amount already paid Interim maintenance, which she do not deserve at first place. 

No, there is no provision of recovery even you win the case.


Please advice:
How shall we now proceed to Divorce case? Both are parties are only willing to go through court settlement only. 

MCD is the best option pay one time payment and settle the matter.

Thanks 

 


(Guest)

Take mutual divorce.  Pay one time alimony and get rid of headache. Best way out for all.

Amrinder   13 February 2017

Dear Sir(s), 

Divorce with Mutual consent is not possible, as both the parties will not go through out of court settlement.

I am concerned to know one thing, amout going in Interim Maintenance OR after final maintaince is counted towards final settlement in Court ? Please Explain. 

 Thanks 

 

 

 


(Guest)
Originally posted by : Amrinder
Dear Sir(s), 

Divorce with Mutual consent is not possible, as both the parties will not go through out of court settlement.

I am concerned to know one thing, amout going in Interim Maintenance OR after final maintaince is counted towards final settlement in Court ? Please Explain. 

 Thanks 

 

 

 

Until such time that your drama continues in court, yo uwill have to pay interim alimony.  When drama over, you will have to pay permanent alimony to your wifey.  Permanent alimony can be paid monthly or one shot.  There is nothing called as out of court.

Amrinder   14 February 2017

Dear Sir(s), 

 I am today moved by the advice of our adovcate who states that Case wil not move until, we clear arrear. He even said, there is no point of him visiting court. He may send his office boy with a draft of 5000 + any amount to clear arrear. He even said, case may be stuck for even years at this stage. It seems this is Judge's discretionary power and what if Judge want to favor girl, this way Girl will enjoy maintenance

There has been an argument with advocate on this already.  Please advice with any law/case reference/judgment. 

Thanks

 

 

 

 

Amrinder   15 February 2017

Now We Want to know that: 

1. Will the Case will remain at this same stage only until Arrear is cleared ? It’s already been 8 dates. (Please share any Rule/Law/Judgment in support of this) 

2. If this is not true, how many more opportunities they can seek from court to proceed and submit evidence for final maintenance. 
 


(Guest)
Originally posted by : Amrinder
Now We Want to know that: 

1. Will the Case will remain at this same stage only until Arrear is cleared ? It’s already been 8 dates. (Please share any Rule/Law/Judgment in support of this) 

2. If this is not true, how many more opportunities they can seek from court to proceed and submit evidence for final maintenance. 
 

Above already answer provided.  What more do you want?  If she had stayed wwith you .. you would have maintained her or not?  same thing applies here.  you will have to give her pocket money which court ordered you to pay.  Dues if any will be collected for sure by court.  You are educated person why you want to go to jail?  Just go for one time settlment pay few lakhs and take mutual divorce and stop asking what will happen what will happen. Get the matter over with ASAP.  You will simply lose years in court, if some stupid fellow suggests you to go for live-in etc you will be in much biggger problem than this.  Simply take divorce via mutual and be a free man.  Take care.

Convey thanks for the advise that you just read on my profile page by visiting it at

 

https://www.lawyersclubindia.com/profile.asp?member_id=84464

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     19 February 2017

Strat negotiation among yourself and reach decision as you can file divoce case on mutual consent

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     19 February 2017

Strat negotiation among yourself and reach decision as you can file divoce case on mutual consent

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     19 February 2017

Strat negotiation among yourself and reach decision as you can file divoce case on mutual consent

stanley (Freedom)     20 February 2017

@ Author 

If you have assets in your name they will attach the same . If you dont have any assets and you dont want to pay maintenance than you can go to jail for some time. 

In jail you get everything like cigrattes food mobile phone to call outside etc everything is hand and glove in hand . By the way how old are you . The only thing they dont get is females in jail .Hence if your handsome be careful someone may take your ass .winklaugh 


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