Gaurav (Engineer) 03 February 2014

Maintenece denied

Dear Sir,

My wife has filed CrPc 125 for maintenence of herself and minor son. She mentioned in the complaint Crpc 125 and in the affidavit given by her in the court that she has been living away from her matrimonial home due to the beating of her husband but in 498A case during cross-examination she doesn't give any medical certificate to proove her allegation mentioned in the FIR and Crpc125 complaint.

Will this be the ground to deny the maintenence to her as not it is proved that she left her matrimoial home on her own will and not due to the harrasment and beating by her husband.

Kindly advise.

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5 Replies

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com) 03 February 2014

Normally when the spouse is not living with you,the application of maintenance is granted and very defficult to get is set aside.

Your assumption is not right and court will not weigh it while granting her application.

You have to be aggressive and initiate further actions to avoid maintenance .

Join me at WHATS UP for practical solutions.

Gaurav (Engineer) 03 February 2014

Dear Sir,

What kind of actions I can take further to avoid further.

Kindly advise.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 03 February 2014

Dear Gaurav,

You have to prove that your wife is working. The court will ask you to pay maintenance to your son, which you are morally and legally bound. If you have sufficient evidence / where your wife is working then you can deny maintenance to her.

Rajiv Bhasin

BHASIN LEGAL CONSULTANTS

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

thirupathi (customer care) 10 February 2014

dear sir,

i am bsc graduate, my wife was also bsc graduate. and i have 3 years she was house wife.baby.the court was ordered pay maintanance 3000 rs. to my wife. but now i am unemployee. so pls tell me what is way to escape fromthat. some of people tell to me with out paying maintanance you wil punish like 1 month jail. so pls advise to me. me and my parents in trouble......

thirupathi (customer care) 10 February 2014

dear sir,

i am bsc graduate, my wife was also bsc graduate. and i have a 3 years baby.she didnot do any job. the court was ordered pay maintanance 3000 rs. to my wife. but now i am unemployee. so pls tell me what is way to escape fromthat. some of people tell to me with out paying maintanance you wil punish like 1 month jail. so pls advise to me. me and my parents in trouble......

my mailid : thiru.tls@gmail.com