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Dharmesh (IT consultant)     23 July 2015

Interim maintenance order

Dear Law practitioners

My wife file false cases against me for DV and 125. In both cases she file application for interim maintenance.

In 125 case family court order her 10 K maintenance just saying as "it will take time to check evidence of both the side and applicant is wife so without checking any validity of application granting 10 K maintenance to wife(applicant) from application date on monthly basis."

My replied against interim application not considered, I have mentioned the truth as below.

1. She left the home her own (she said that I have thrown out her from home) leaving behind the child and i am taking all responsibility of my 5 yr old son.

2. She is Engineer and previously giving tuition and she is also LIC agent.

3. I am also ready to take her home. 

4. Her family also cheated us by hiding her medical condition before marriage.

5. Her behavior at home was not good and she is not ready to come with me at my parents’ home.

6. I have other responsibility and also paying home load EMI as well.

Court has just order without looking above and just rely on her application and rejected my play base on that i have not put the evidence, even I have given all this in affidavit. As evidence stage will come later we will put evidence at respective stage (I have evidence for all above truth).

I have questions here.

Does court can be biased against applicant and respondent? 

How can court order without checking the validity of application? Even not mentioned that in prime o fancy she looks like victimized.

Does 125 law mentioned as a wife any lady can entitle to get maintenance even she is equally educated to husband, being an engineer she can maintain herself very well, she left husband home and living separately with her own and without any proper justification not ready to come back?

Does she not have any responsibility toward the child (left him since 1.2 yr) and husband home?

I request all law practitioner to suggest me what should I do further? And can this maintenance order canceled?



Learning

 4 Replies

CoolingWood (engineer)     23 July 2015

Court saw that Husabnd wants to live with Wife and wife need money to live ... hence court saw that wife has no money hence gave 10K to her. Is there any propblem in it.

 

If wife went away from home without any reason then file Petition U/s 125[4]  of CrPC then get the order from the court.

 

Also you may file petition U/s 9 of Hindu Marriage Act seeking direction to wife to join with you.

CoolingWood (engineer)     23 July 2015

Unless you show to court how wife can survive without money from you then court wont listen to you because court shall make wife alive ... do you agree?

 

saravanan s (legal advisor)     23 July 2015

you can appeal against the order of the family court

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     29 August 2015

Yes you have to show that she left without any proper reason and you are willing to take her at any time than only you can avoid maintenance otherwise not.


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