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help needed for 125 crpc


Received a Divorce petition from my husband on false ground of cruelty and desertion, We are living seperately since last 3 years Wants to file 125 crpc for my 3 year old daughter. What should be the grounds to file 125 CRPC? Is there any law to now his salary details and savings to claim mentainance allowance?? Please Advise...

 
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Advocate & Solicitor at Law

Madam,

The law regarding 125 Crpc is too vast to be explained here. However a good lawyer might be able to ensure that your case is well drafted. Remember, in maintenance cases there are two disputes- the first one being that of the maintenance and the second one being that of the wife living separately without any just cause. However the second one is usually ignored by most people. 

Get hold of a good lawyer who actually knows the law and doesnt just claim to know it. You shall be fine.

Augustine Chatterjee

9999931153


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Thanks Augustine Chatterjee...Thanks for your kind response.

 
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legal advisor

to file 125 cprc you must be in a situation where you cant maintain yourself and your child and definitely need financial support from your husband.if you are a working woman then chances of getting maintenance depends on your income etc etc but you will defenitely get maintenance for your child. if your husband is in  goverment service you can get the income details by filing rti or else you need to add the employer of your husband as a party to the case to get the details of your husband income


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Lawyer at Supreme Court of India

Dear, Many factors to be looked into before you get answer .... Your capacity to earn, his income , reason for which u left and other other factors .... Kapil Chandna Adv 9899011450

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Thanks Mr. Saravanan and Mr. Kapil Thanks for this usefull information, this forum is really very helpful.

Mr. Kapil, how can i prove the resons for which I left. It was a mental torture n daily arguments n fights for which I left. How should I prove this, I don't want maintenance for my self I don't need his money, I want it for my child for her future.

 
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legal advisor

since your husband only had filed divorce against you on  grounds of cruelty and desertion the burden of proof lies on him and not you.if he cant show proofs then his case wont stand in the court.so you dont need to worry about it.if he makes allegations you have to defend it.

 
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Advocate

In Section 125 cr.p.c. case it is your responsibility to prove that there is sufficient reason for leaving your husband and matrimonial house.  Cruelty, physical and mental harassment, inlaws' over-interference in matrimonial life, dowry demand, husband's way-ward behaviour including extra-marital affiar, penchant for alcohol etc. are some of the reasons why the wife leaves husband's companionship.  Your daughter would definitely get the maintenance.  As far as you are concerned, as you are a Govt. employee, the emoluments husband and wife get would be looked into and life style of the spouses by the court before considering the wife's prayer for maintenance.


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Advocate

If you file Section 125 from the place where you are living and working for gain, that would be beneficial for you irrespective from where he has filed the divorce petition.


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Thanks to all the experts for your kind response and suggestions they are really helping and useful for the person like me who is not aware with all this legal process. I have one more doubt, Actually i received the divorce petition 2 months back but i did not take any action as i was not aware with the process. i read somewhere that it is compulsary to counter file divorce petition with in a month, what should i do now?? will he get the benefit for not replying this petition, will it go in his favour now?? Can i send the reply for petition now, will it be acceptable by the court?? Please advise.....Thanks in Advance.

 
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