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Manish Mulani (Consultant)     25 May 2014

My wife has put crpc-125 on us.

Hello sir,

         My wife is living separately from 8 months as she doesn't likes to come home because of usual quarrels of 

    Mother in law and daughter in law. She has just now send notice from family court for CrPc-125. 

I don't want to give her maintainece, instead willing her to bring back home. Can she still claim maintainence?

Please guide.

Thanks,

Manish

 



Learning

 16 Replies

Suneet Gupta (www.vashiadvocates.com)     25 May 2014

Your wife can claim maintenance under Sec 125 if she is living separately. However, you can file a petition for restitution of conjugal rights in the court and ask her to come back to live with you.

Gautam Kapoor (IT professional Studying Law)     26 May 2014

as advised above by cute Mr.Suneet - if  you want to bring her back home - you can file RCR.But by merely filing it you cannot force her to stay with you.You try to convince the court that she has unnecessarly left her matrimonial home without any reason and you want to take her back.Your RCR petition can/may have a adverse bearing on her maintenance petition.

To be cautioned- The husbands RCR is often challenged by false DV and 498 case.Advised to consult with your lawyer before jumping the gun.

1 Like

ANAMIKA VICHARE (LAWYER)     26 May 2014

IF you wish to take chance, you file one application where s.125 maint appln is pending...Saying that you are willing to take her back...

Adv k . mahesh (advocate)     26 May 2014

before filing any thing why not have a chat what exactly she want \

going to court for simple day to day quarrels can be solved by mutual discussion and do not make it to roam the corriders of the court as once you and your wife enter the court hall no one will save it

even if you file rcr and get order can anyone force a non interested party to cohabit her life 

and it is the best advice to have a chat with your lawyer and also discuss personally with your wife and settle the issue before it goes out of your hand or if not finally we are here 

Manish Mulani (Consultant)     28 May 2014

Dear sirs,

        Thanks for advice of all. Hello Mr. K.Mahesh, I tried to call them and resolve the matter but they didn't picked our phones and seems they are in mood of fighting. My case is going to start from first week of June and I had to collect copies of case.

Do I file RCR in between maintainence case? Can it reduce the amount? Any more advice will be appreciated.

Thanks,

Manish

 

 

 

    

Suneet Gupta (www.vashiadvocates.com)     28 May 2014

Dear Sir,

Best option at this stage is to argue before the Magistrate that you would like to take your wife back and that she has no right to claim maintenance because she left her home voluntarily and without cause.

This will avoid the need to file another case for RCR. You can also try and convince your wife to come back home when you meet her in the court.

Adv. Chandrasekhar (Advocate)     28 May 2014

You have got two responsibilities.  To give financial security and emotional cushioning to your old mother.  But this devotion should not hamper your enjoying your youth with your wife, who came all the way leaving her old parents, who might be in same physical, mental and financial condition like your parents.  But she left parental home and adopted your home as matrimonial home snapping or suspending her sweet relations with her parental home.  Why did she do this?  Because, the customs dictated her and other similarly situated women to abandon their homes and adopt husband's house as their house and love their in-laws just like parents.  Now, you have to put your brains for work.  What actually is bothering your mother and wife?  Is it the question of possession of your person?  Your mother does not want to let you go out of her influence and she looks in your wife, a charming robber who is snatching her beloved son, and raises thousand and one excuses to rile your wife.  On the other hand, your wife sees your mother, a big hurdle in her matrimonial life, as she wants full attention and love from your side. Now, you have to balance the conflicting interests and find a way to reconcile them with tact.  Think it over, without taking sides of any one and find out the solution to stop bickerings between them.  If necessary, think about having a separate house near to your parents home and pay regular visits to your parents house.  While maitaining the parental relations, it is also equally important not to put spouse relationship in hapazard.

So, when the case comes, tell the judge the actual position and ask her (the judge) to send the matter for mediation and also for psychological counselling as you are interested to harmonise the relations by fine tuning your wife as well as your mother.  If it requires you should take your mother to some psychological counselling so that in her old age she should learn some things and allow her son to live happy life.  Warm regards.  

1 Like

ANAMIKA VICHARE (LAWYER)     28 May 2014

It seems that your intention is to avoid maintenance.   It does not reveal your true intention of calling her back   Nevertheless if you have true intention and she does not want to return claiming cruelty/harassment at your hands.   Pl do not argue before the Court that she has no right of maintenance since u r willing to take her back..  This reveals your motive of avoiding maintenance and that is why you are callin g back.   Simply file an application stating that you are willing to take her back and she may be durected to return to the matrimonial home.   Filing RCR won't serve any purpose.      The ingredient of restititution for dismissing s.125 case comes at the final hearing and that you have to prove that there was no cruelty and taht she deserted you not because of your fault but for her own reasons.   Then finally s.125 apln is dismissed.   However, I hvae observed in my practice of 13 years...that this ingredient is hardly considered and minimum maitenace is granted.   If you do not fight for mantenace, the ex-parte order is granted for very reasinable amount of maintenace.  You will save your money on litigation cost, time and energy.   You just file your sasy deying her allegations...attach proof of your income and her income if she is earning and thendo not attend the court proceedings.   The proceddinsgs will be finished faster you will save your time energy and money and the motive of other party to harass you by making you dance to the Court will be infructuous.....    Think over this in riht perspective

There are further confidential advices which cannot be given over here, you may email me

 

Anamika Vicahre

Advocate High Court

anamika_vichare@rediffmail.com

Purush Hakka Saurakshan Samittee

Family Court Bandra, Mumbai

good day (n.a.)     28 May 2014

@ ms. vichare,
"Simply file an application stating that you are willing to take her back and she may be durected to return to the matrimonial home."
nice suggestion. if you also clear the strategy in which circumstances it can b given and also format of it, it would be more useful to many of the victims here.

it is really nice strategy.

Manish Mulani (Consultant)     29 May 2014

Dear all,

   Thanks for your advices.

Adv. Chandrasekhar sir  -  Please do understand nobody will be willing to desert wife at cost of mother.  Everybody needs harmony and peace in its familyActual case was of false 498a for intention of separating me from my parents, simply because she wanted to enjoy luxurious life. she did false 498A 8 months back in intention to separate me from my family. However, some good community persons didn't allow 498a to be filled and convinced her to go home. After coming home she again started quarreling with family members for no reasons. We called her family asked them to make her understand. 

 
Family took her, after 3 months we had first meeting within ourselves in which she and her family didn't apologize for false case and our defamation. Instead her whole family started blaming us. We simply asked her family to make her more understandable which could avoid further issues. Yes, we told that we wouldn't take girl back unless you apologize for false 498a and our defamation. They told that they shall think and reply to us.
 
Instead of replying they filed CrPc-125. Except apology condition we never denied of taking girl back home and that I think is fair since they did our defamation.
 
This is the whole case summary. Hope you will guide one more false 498a victim.
 
Thanks,
Manish

great india (manager)     31 May 2014

The reply by adv. Anamika is the best one. The super advise, realize it soon abd follow. Each and every word has a meaning. As it is in expartee the amt ordered is not much so go ahead. If you find it more, later set a side application can be given or an appeal with delay condonation. I would also like to thank her for hinting such wise decision . Gd luk.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 June 2014

If you are a private employee then change your job and leave your jurisdiction/state. Look for a good unmarried girl and start live-in relationship. Enjoy your new life. This is best way to get out from this type of  harassment. Please don't disclose your employer details and new address to any body. Show yourself jobless in the court. These matrimonial dispute wives can create lot of trouble if you stay at your jurisdiction.

 

ELSE,

 

As advised by Mr. good day, please do that. "Simply file an application stating that you are willing to take her back and she may be durected to return to the matrimonial home."


But still you have a risk to get 498A and DV.

 

Please follow the citation and show it to the judge. It that judge still grants the maintenance then appeal against his order and file Criminal Writ to the High Court with the citation bellow.

 

 

NO MAINTENANCE u/s 125 Cr. P C to deserting wife
 
Bombay High Court
 
Smt. Sugandhabai And Others vs Vasant Ganpat Deobha
t And Another
 
9th July, 1991
Equivalent citations: 1992 (2) BomCR 560, 1992 CriL
J 1838, 1992 (1) MhLj 427
Bench: M Vaidya
 
 

Please take reference from my post for details from the links bellow: -

  

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U4rXrnbYVdg

Manish Mulani (Consultant)     01 June 2014

Thank you all for your advice. I shall simply file application to direct wife to return to her matrimonial home and see what happens.  Yes, I admit there is risk of 498A and DV but can I reduce that risk by interpreting some local NGOs after court's compromise. Purpose here will be to make girl and family say before us  that we wouldn't repeat such things in future and try to resolve any issue within family elders.

These local NGO are persons who were present during girl's false 498A. Hope their presence shall create more weight.

 

In mean time any more advice and help shall highly be appreciated.

Thanks,

Manish

HK_Jain... (498a Fighter)     01 June 2014

Originally posted by : Suneet Gupta

Dear Sir,

Best option at this stage is to argue before the Magistrate that you would like to take your wife back and that she has no right to claim maintenance because she left her home voluntarily and without cause.

This will avoid the need to file another case for RCR. You can also try and convince your wife to come back home when you meet her in the court.

How cute is the advised given.

I am sure my friend Sunil is not married..

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