Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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i m crazzy (None)     18 October 2013

Maintanance crpc 125

My Wife Has Left Me 8 Months Ago And She Has Filled Maintanance (CRPC 125) In Family Court ( Other State From Her Home ) And I Have Recieved The Petition Copy And Court Has Given The Date In Dec 2013 . 

I Have Filled The RCR ( Sec 9 ) Recently .

I Just Want To Know That Can I File The RCR Certified Copy In Highcourt By Mentioning That I Am Ready To Accept Her And She Is Asking For Maintanace. Will It Help Me Or Can Court Reject The Maintanance On The Ground That Your Husband Is Ready To Accept Than Why You Are Asking For Maintance. 

As We Both Are In Different State So Can She Transfer The RCR ( Sec 9 ) To her State Through Highcourt Or She Needs To Go Supreme Court For Transferring . 

Also She Is Post Graduated And She Has Mentioned That She Is Not Skilled And Cant Earn Can I Submit The Documents Which Can Prove She Is Educated And Can Earn Own . 

Please Suggest .



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 October 2013

Yes you can. If you are ready to take her and if you submit before the court, then court would refer the matter to the mediation centre.  There you can sort out your problems.  If mediation is failed, you can contest the case.  To get transfer the case she has to file petition in the High Court.

Prashant Ghai (Advocate) (PrashantGhai.com)     18 October 2013

Is your wife employed anywhere? If yes, then that can really help you in getting her maintenance petition rejected.

 

File a well drafted reply to her 125 CrPC petition, alleging her desertion combined with her failure to fulfill her matrimonial obligations. Both your 125 CrPC reply and Section 9 draft should contain information as to how you have taken every step possible to be a ideal husband and provided her with financial support at every step.

T. Kalaiselvan, Advocate (Advocate)     18 October 2013

In the maintenance case, you must state before the court that your wife deserted the matrimonial home on her own without assigning any reason for her such dastardly move leaving you to toil alone despite taking a vow to lead a happy married life together with you at the time of marriage, however you are still ready to admonish her adamant and unbecoming behavior and are ready to take her back into the matrimonial fold hence you decline to pay her the maintenance sought for by her on some frail and absurd grounds.  If both the cases (RCR and 125 Cr.P.C) are filed in two different states then only Supreme court has power to transfer both the cases to one particular court.  Further, just being a post graduate, your wife cannot be denied with maintenance stating that she is highly qualified hence let she look for an employment and maintain herself out of the income so derived.  The question is that whether she is presently employed and that her income is sufficient enough to maintain herself especially will it be sufficient enough to maintain herself as per her status. So do not try that gimmick. 

1 Like

NRI Legal Consulting (Consultant)     18 October 2013

Dear Sir, you should talk to your wife to live with you. If she is not interested to live with you then you should file a well drafted reply to her 125 CrPC petition, alleging her desertion combined with her failure to fulfill her matrimonial obligations.

For more query contact us query@nrilegalconsulting.com

ashoksrivastava (scientist)     19 October 2013

@querist filing of sec 9 will not give you much relief in crpc125 case till RCR is decided in your favour. for transfer of RCR to different state transfer petition under CPC 25 needs to be filed in SC just a word of caution here RCR should never be filed to save maint. It should only be filed when there is a genuine desire to save marriage else it invariably boomerangs. regards ASHOK

Adv. Chandrasekhar (Advocate)     19 October 2013

Very fine answers by Mr. Kalaiselvan and Mr. Ashok Srivasata,  especially the last part of the latter's reply - "It should only be filed when there is a genuine desire to save marriage else it invariably boomerangs".

saloni (house wife)     20 October 2013

To all the advocated who have advised on sec 125 crpc.

You can go through my previous posts. I took advice from a very senior police officer. He also adviced me to file 125 crpc maintainence.

I am working a continuously for the last 2.5 years and also well educated employed in a very reputed MNC. I am not going to hide the fact. The reason 125 crpc will help me as stated by the officer is that, in that case my hsuband has to come and attend the court dates personally. He earns 4 times more than me, so less chances of getting my petition dismissed as i can state that my salary is substantially low than his. His father gave in wirtting in police station that my husband doesnt give them even a rupee. So ideally he cant take the shelter now stating that he is maintaining his family.

And i dont want his money, but if this case can help me in tracing him out that itself is more than enough for me.The police officer told me that i have not filed any criminal case as in 498a or DVC and i ahve appoached them to sort out difference or settle the issue amicable that itself is more than enough and this case would help me better. What is your suggestions on this?


(Guest)

@ Querist,

 

You are rightly opined by Mr.Ghai,Kalaiselvan and Ashok.

And adding further to their replies ......A wife who is highly qualified is a subject to be counted as an earning women.This is the matter of arguement and how well your Lawyer put the case in right direction that a lady who is Post graduate is not made for just sitting Idle and get infected with diabities and high blood pressure by sucking the husbands money and only conspiring as how to suck more money from other sources.

 

However,Again I have to point Adv. Rajeev that why you give such a fake replies to the querists. From which Judgement or any citation you have found that transferring of case from one state to another state has to get permission from High court rather than SC????

Again a big Lolz to you......!!


Reformist !!! (Other)     22 October 2013

Inter state Transfer is only done by SC and not by HC. 

i m crazzy (None)     11 December 2013

Hi, 

I have collected all the evidence but need your advice will these proof will be sufficient for maintenance CRPC125

I was Married 5 Years Ago In Rajasthan And My Wife Is From Other State And She Left Me On Jan 2013 After She Filled Maintenance In Oct 2013. 

In Maintenance She Filled That We Don't Give Food , My Parents Have Torture Her, And Whenever We Go We Put Her In Lock Room Also We Have Not Treated Her To Doctors When She Was ill. 

Now I Have Prepared All The Evidence Which Are As Below ( In Hard , Soft And Digital Records ) :

Education & Coaching Receipts ( PGDCA , Bank Coaching ) 

Medical Expenses Bills With Doctors Prescripttions ( As She Says That I Havent Treated Her When She Was Suffering From Any Disease )

Train Tickets Which Shows Frequently Travel To Her State, ( As She Says That Whenever I Goes I Put Her In Lock Room )

Birthday Cake Receipts ( As She Put Allegation That I Dont Care For Her ) 

Mobile Recharge Receipts ( As She Says I Have Never Given Any Money And Treated Her Badly ) 

Mobile Handset Bill ( Purchased For Her )

Movie Tickets ( Shows That I Care Her And I Have Done Each & Everything Which She Demands And Completed Her Desire & Needs)

Facebook Chat ( With Male Friends ) ( Which Shows Cruelty And Desertion Against Me )

GMAIL - Sharing Pics Over Mail ( After Marriage Can Women Share Her Pics With Some X Persons ) 

Voice Conversation With Boyfriend In Which She Is Kissing And Asking For Valentine Day Gift ( Converted Into Text ) ( Before & After Marriage She Was Having A Extra Maritial Affairs In Which She Only Spoke That I Have No Boyfriend Other Than U For Which I Have Digital Recording ) 

40 Photos, With Different Location ( Which Shows That She Was Very Happy And In All Pics She Havent Applied Sindoor  , When She Only Wants To Present Herself As Single That How Can She Claims Maintenance From Husband ) 

RCR SEC 9 Filled In 2008  Which Is Not In Her Knowledge ( She Have Rejoined In Jan 2009 ) And Went Back In Jan 2013 . 

 

I Have Also Filled Divorce For The Which The Notice Is Pending From Court As I Think There Is No Use To File RCR Rather Than Wasting Time As She Already Involved With Some Other . 

Pls Advice Will It Be Benieficial In Maintenance 125 CRPC


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