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hemu   19 February 2016

Multiple maintanance cases, cr pc 125 withdrawn

Dear esteemed members,

Kindly advise me on this tricky situation.

Maintanance case under cr pc 125, dv case and hma 24 have been filed by my bitter spouse along with 498a, RCR and divorce. All these cases are in different courts of delhi.

I am government servant having in hand salary of 49000. Wife is working in government sector as contract employee and earning more then 80,000 per month. She is also more qualified than me.


I am able to track her job details and put the same for the consideration of court in cr pc 125 and dv case. the judge scolded her and order her to submit revised affidavit of income and expernditure in the light of evidences produced by me. Similarly the judge in dv case asked her to submit all her documents. Now sensing the trouble and to avoid potential perjury. My bitter half had withdrawn cr pc 125 case by giving statement that she is working at present.

My questions are

1. Can she again fil cr pc 125/127 by stating change in circumstances or by some other reasons.

2. How can i use her withdrwal statement in other maintanance cases.

3. Her contract for job will expire in june 2016. Then she will be not be working. Can she claim maintanance in dv case, hma 24 after that period. In section 9, hma 24 and divorce summons not served to me yet.

4. What should be my strategy in future.

Thanking you


 4 Replies

Born Fighter (xxx)     19 February 2016

You should without wasting time file for Perjury in FC. Hit it hard and expose her fraud conduct to all the courts in which she is roaming around.  EXPOSE HER !!


If your wife is earning 80k, even if she loses her contract job she cant sit idle and extract money from you. You need to produce her entire CV/profile to the court. In future if she applies for maintenance (which she can under change of circumstances) then she should (or asked ) to produce reasons with proof on why she cant be reemployed again/ why she is not getting Job. There are various HC/Apex court judgements where maintenance is rejected to CAPABLE TO EARN/ Qualified lady.


You should file a counter Maintenance claim on her as she is earning double your salary. Donate that money to charity !!


 Your wife needs HEFTY ALIMONY from you , be patient....with time she will reduce her demands !! All the Best !


hemu   20 February 2016

thanks for both prompt replies.

She has filed same false affidavit of income and expenditure in all cases. I obtained her details through rti and submitted the same in dv case also.  Can i get any benefits in dv case when i submit certified copies of her case withdrawal. She withdraw it unconditionally.


All maintanance cases are 8 months old. In july 2016 yhey will be running for nearly 1 year. In my above situation, can she will be granted interim maintanance when her contract will expire.

My 498a fir is still under inverstigation in police station. Will i get any help in it. 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     15 June 2016

1. Yes , She has leberty to file fresh case under section 125/127Crpc

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     15 June 2016

you obtain certified copy of her petition and order form the court where she submit it .

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