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akashh dey   18 October 2021

Maintenance

I want to keep my wife but she went away by herself and filed 125crpc the court granted her maintenance what should I do now , my wife don't want to stay with me , I want to keep her than y did the court granted her maintenance. ???
my staying in adultery n still asking maintenance from me !! what to do ?


 10 Replies

Ananya Gosain   18 October 2021

Greetings!

As per sub-section 4 of section 125 of CrPc, no wife shall be entitled to receive maintenance allowance from her husband under this section if she is living in adultery. The factor to consider the woman’s income is also discarded if adultery is in the picture. Desertion and wilful refusal on part of the wife disrupts the obligation of the husband to provide maintenance. It, however, needs to be proven so that the wife has put forth unnecessary conditions and constraints to live together or refused out rightly.
You may approach a higher court through appeal.
Read more at: https://www.lawyersclubindia.com/articles/how-to-avoid-paying-maintenance-to-the-wife-in-india-14023.asp

Regards

Shashi Dhara   18 October 2021

You have to prove adultery if you fails maintenance will be allowed ,allegation is only allegation ,u have to prove in court of law that she is in adultery and not entitled for maintenance .

SHIRISH PAWAR, 7738990900 (Advocate)     18 October 2021

Hello,

Wife living in adultry is not entitled for maintenance. You have to prove the same before court. It is good ground for divorce. 

1 Like

akashh dey   18 October 2021

Sir, I have some photos of her along with the boy but will it be enough, as the court has already ordered for interim maintenance...

Pradipta Nath (Advocate)     18 October 2021

Ask your Advocate to file a restitution of conjugal right application before the Court. Aside file revision application to set aside the interim application.

akashh dey   18 October 2021

I want to take it to high court but my lawyer said that after final maintenance judgement only than I can move to high court, and also that my apeal time is over now it's evidence time.

SHIRISH PAWAR, 7738990900 (Advocate)     19 October 2021

Hello,

You cannot directly go to the high court. You will have to challenge the lower court order in the sessions court on the ground stated by you of adultery. The court will pass the order as per your case. 

Shubham Bhardwaj (Practice)     24 October 2021

Dear Mr Dey, 

What I could understand is that your wife is living in adultery and she does not want to live with you but the court has granted here maintenance under section 125 Cr PC. This is possible only in 2 situations:-

1. Either you did not raise the point of adultery in court   OR

2. You were not able to prove the allegation of adultery before the court. 

II must inform you that an appeal against 125 cr pc is not maintainable. The aggrived person can only file a revision either before the Session Court or the High Court under Section 397 Cr PC. 

In case you have not raised the allegation of adultery in trial court, the same is going to be very very difficult to be admitted in revision. In case your advocate is able to, hats off to him and your good luck. 

In case you did raise the issue and also adduced the evidence, but the rtial court did not appreciate it, then you may have a chance. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh.

 

Disclaimer:- Opinion is only for guidance. 

 

 

akashh dey   24 October 2021

I did raise the issue but I don't have concrete evidence the photos I have is not enough ! what should I do ? should I go for session court n file a review petition?

Shubham Bhardwaj (Practice)     25 October 2021

Dear Mr Dey, 

As on date you only an option to file Revision Application (Not review) before the Session Court or High Court (as per your choice). But if i were to advise you, you may apprach the session court due to costs involved. 

 

Regards

Shubham Bhardwaj (Advocate)


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