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Jaigopal Soni (Assistant Manager)     04 March 2017

How to challenge order passed us 125(4) application dismiss.

Principle Judge Family has dismissed the application under section 125 of CrPC filed by wife against her husband which is dismissed under section 125(4) citing that the applicant wife has left the company of husband without any just or valid reason. hence she is not eligible to get maintenance under section 125(4) even through husband has admitted in its cross examination that he is now not ready to keep her wife now after 7 year of separation without mentioned any reason but wife is ready to accompany him.

What are other remedies available to wife other than challanging this order ?

Where and under which provision order passed under section 125(4) dismissing applicaton for maintenance by wife may be challanged  ?



 13 Replies

498a victim (job)     04 March 2017

can u please post the order?

in which court the order has passed?


(Guest)
Originally posted by : Jaigopal Soni
Principle Judge Family has dismissed the application under section 125 of CrPC filed by wife against her husband which is dismissed under section 125(4) citing that the applicant wife has left the company of husband without any just or valid reason. hence she is not eligible to get maintenance under section 125(4) even through husband has admitted in its cross examination that he is now not ready to keep her wife now after 7 year of separation without mentioned any reason but wife is ready to accompany him.

What are other remedies available to wife other than Ans:  challanging this order ?

Q:  Where and under which provision order passed under section 125(4) dismissing applicaton for maintenance by wife may be challanged  ?

1. Hold husbands feet in court hall itself or wherever she sees her, beg for mercy and ask him to take her back.

2.  Find job (high paying job).

3.  Take mutual divorce and find wealthy man and re-marry.

4.  Plan a heist?  (on a lighter  note)laugh

Once maintenance case is dismissed by Family Court, its over.  High court wont meddle with order of Lower Court.  High Court is only for rectifying procedural mistakes/errors.

By the way what is the opinion of you daughters lawyer?

1 Like

Jaigopal Soni (Assistant Manager)     05 March 2017

Order already uploaded in expert section please refer or let me know how to share with you that.

(Guest)

What moral ground has the wife has to ask husband or the court to ask the husband to take her back?  She leaves on her own will without reasonable cause, that amounts to desertion.  Once that is proved how will the court order alimony for the husband to pay?  Even now if she is willing to join husband, why will the husband accept her back?  7 years is too long time, if husband had absconded, he would be declared socially dead by now.  Re-unification is possible after short gaps of separation, not 7 years.  Once the wife left on her own, it is for the husband whether to accept her back or not.  Court in no way will order husband to pay maintenance.  Divorce will be easily granted and you are talking about getting maintenance?  In all these 7 years how did she maintain herself? She should have some source of income or the other. Maintenance will be denied only on this simple ground.  Anyway you can approach HC and beg for justice (whatever that means to your daughter).

Jaigopal Soni (Assistant Manager)     05 March 2017

She has not left her matrimonial home and she along with her family members visited husband home for resolution of disputes if any but he and his family not did not taken her. She filed case of maintenance within two year of separation and court itself delayed proceedings. Every notice, petitions filed within directed periods of court and court taken two year just for mediation and amicable settlement but husband only found guilty in mediation but not came on record. Three judges changed during proceedings of this case. Case is crustal clear that husband is under pressure of his family. He still visits her wife even during proceedings of case.

(Guest)
Originally posted by : Jaigopal Soni
She has not left her matrimonial home and she along with her family members visited husband home for resolution of disputes if any but he and his family not did not taken her. She filed case of maintenance within two year of separation and court itself delayed proceedings. Every notice, petitions filed within directed periods of court and court taken two year just for mediation and amicable settlement but husband only found guilty in mediation but not came on record. Three judges changed during proceedings of this case. Case is crustal clear that husband is under pressure of his family. He still visits her wife even during proceedings of case.
     

If she has not left her matrimonial home, how did the FC dismiss her maintenance petition?  You dont know what matrimonial home is.

 

If you are the father, it is for you to make your daughter understand meaning of married life, for that you should know meaning of married life (hope that you yourself are not divorcee).  Marital ties require unending patience and adjustment.  If that was there  with your your daughter, things would not have become sore.  Like she is listening to you, he is listening to his parents, thats all.  It was wrong on your part to marry off a immature girl to a immature boy.  Once married, they should solve their headache themsevles, headache (he and she).  If you keep interuppting they will never grow up and they will at best take divorce, divorce, divorce, again and again.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     05 March 2017

you may go to upper court but i can not say whether it will bring fruit full result of not. Because i have not gone through the judgement and order of court.

498a victim (job)     05 March 2017

Resp.

Either attached the order file here or u can send me on ronakmodi143@gmail.com

thanking you

Jaigopal Soni (Assistant Manager)     06 March 2017

Order Copy attached


Attached File : 157319 20170306100024 603627731 order copy.pdf downloaded: 88 times

Jaigopal Soni (Assistant Manager)     06 March 2017

Depositions attached. There are error in understanding the cross examination of hindi version and which is evident from order sheets.


Attached File : 157319 20170306100126 603627731 petitioner deposition.pdf, 157319 20170306100543 603627731 respondent deposition.pdf, 157319 20170306100608 603627731 evidence deposition.pdf downloaded: 38 times

Jaigopal Soni (Assistant Manager)     06 March 2017

Petition Copy, Reply Copy enclosed.

Petition was filed on 2011 and court itself has delayed the proceedings for seven years. Petitioner was properly following up the case and presented  herself as and when required.


Attached File : 157319 20170306100800 603627731 maintenance petition.pdf, 157319 20170306100831 603627731 reply of respondent.pdf downloaded: 48 times

(Guest)

She herself admitted that since July 23 2009 she has been living separately, this is 

as per cross examination of the petitioner.

At para 7 she again admits that she left on her own on pretext of rakshabandhan 12 days prior to it and that her husband had come to collect two days after 

rakshabandhan where she refused to go along with him stating that she will stay 

back for some more time.

And again during petitioners mothers shrada time also she failed to return along 

with her husband.

This is very good order by the Learned Judge.  According to me, even if you go for appeal in HC, it will be dismissed.  Better settle matter amicably by taking one time alimony if any or simply take divorce by mcd.


(Guest)

The girl should also have some conscience. to  begin with, she went on her own and living separately on her own will, not willing to join husband, but living with brother, on what moral ground is she asking alimony? If she was driven out by her husband and his parents then she can ask alimony, not when she left on her own accord.  Anyway the marriage is over and there is a parallel story also about your son throwing his wife (ie your jamais sister out).  If this is tit for tat, then I donno what to say, your daughter and son simply spoiled lives of two families. If you wanted your daughter to be with you, you should have gone for a ghar jamai, not for some guy who earns 40k per month.  Anyway Settle amicably at least now.


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