Que. can the guy file 125 (4) if girl has not filed 125.?
S. 125 (4) CrPC reads as follows;
"(4) No wife shall be entitled to receive an allowance from her
husband under this section she is living in adultery, or if, without
any sufficient reason, she refuses to live with her, husband, or if
they are living separately by mutual consent."
Hence if wife has not filed S. 125 CrPC means no such proceedings in a competent Court then a husband can't file on his own S. 125 (4) CrPC.
Que.: is there any defence for DV for the guys..?.
1. SC has said Bharat Ratna DV can't be applied retrospectively due to CrPC limitation section very recently in a case.
2. Various HC have said that wife can't get maint. under Bharat Ratna DV Act if earlier she was earning.
Like wise there are hundreds of defense a husband can very well use challenging Bharat Ratna DV Act filed by his wife against him and or his side of family members. Seacrh for lots of free well researched gyan on Bharat Ratna already discussed on this forum.