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Puneet   09 October 2016

Need help on crpc 125

Hi Experts,

my name is punee and  I am from Pune...Its been a long time , I have posted my query so to just help to undertand the story , i am putting it again..

I am from Pune and married in Jan 2015 as per hindu Marriage act . We  both are IT professionals. I am having salary of 60k pm and she is having salary of 16 k pm. She is from very well established family and her father holds big prperty in Pune.

Now my story is , after marriage , we went on honeymoon but on the same day my wife told me that her marriage was done forcefully and she never wanted to marry me.She dont want to have any physical relationship with me and she wants divorce and she does not want any single rupee , neither jwellery from me .

Accordingly we approached to known counsellor and  lawyer in Pune and she suggested us to stay together for 5-6 moonths and then go for divorce . Court will not accept on day 1 and they will ask you to stay together  so better to take a chance now.

We started staying together , but her behavior towards me was not good but she tried to act good in front of my family . She usually used to torture me by asking some money one or the other day but I used to refuse her but I used to take care of her by providing whatever she wants , like clothes , any facility at my home what she is looking for . But really wanted to save our relationship but she along with her family used to take adantage of this.

I did not tell anything about this as I never wantd to hurt them. But one day she left my home on her own , we tried to take her back but they refused to send her and threathened us as they will use 498 against us. We had a fight with them and we beaten them up. It happened from both sides though. No police complaint / no FIR.

Again with their agreement , we file a divorce petition but  later on they changed their words . They rejected the divorce petition and file 24 hma and crpc 125 against us.

Her relatives approached us for settlement and we came to a common amount and decided to go for divorce under 13 B.But again they changed the words and asking us to give all the stridhan back . Its almost a 100 gms of gold which we dont want to give her . My lawyer told us that , as per law , it belongs to her but dont give them the jwellery. Let them prove that its in our custody.

But they are not coming for argument since last 3 dates and continuously asking for future dates. As I took a calculated risk to stay together with her hence I have lots of proofs against her and she does not have anything against me.

She has asked for 30 K maninteance though ( forgot to mention)

So requesting experts to suggest further on this?

 



Learning

 23 Replies

Puneet   09 October 2016

Also I forgot to mention that , there is a deduction of almost 35 k per month from my salary against loans. And my mother and grandmother are dependant on me.


(Guest)
Negotiate. Negotiate. Negotiate. Negotiate.
1 Like

Sachin (N.A)     09 October 2016

I don't understand when you know that she doesn't want to live with you why don't you both applied for annullment of marriage.

As she is working she is not entitled for maintenance.

Sit with her and resolve each matter amicable , but no need to agree on any unjustified demand.

You both are sailing in same boat,

1 Like

whatnot   09 October 2016

If your story is true, the only path is MCD.

 

You will lose some cash, bit of pride. But less of running into court. You may gain more in your profession. Consider as bad dream and move on.

 

But if money and you have time, energy and bit of smartness, then fight.

But what will you fight for?... saving some money?... Proving you're right?..to whom???...

 

No saner solution exists. Lose now. Gain life.

 

Puneet   09 October 2016

@ Sachin , agree with your point ...we filed for annulment for marriage only on grounds of non consummation of marriage but as I mentoned .. she changed her words and her lawyer suggested us to go for 13 B  with certain amount and nothing else. And now she again changed words and not agree on the decided amount.. I am very sure , even if I agree on stridhan ,, they will just extend the things further.. my lawyer sugeested to have some patience and let them come in court for arguments ...but ubfortunately they are not coming....But also she warned me that , even though she is working but there is big difference in your salaries ...court may order some maintenance to her ... Is there any formula to decide that ? My lawyer suggested that its 1/3 of your take home salary if wife is not working ...but in some cases it may go higher than that..

Puneet   09 October 2016

@ Sachin , agree with your point ...we filed for annulment for marriage only on grounds of non consummation of marriage but as I mentoned .. she changed her words and her lawyer suggested us to go for 13 B  with certain amount and nothing else. And now she again changed words and not agree on the decided amount.. I am very sure , even if I agree on stridhan ,, they will just extend the things further.. my lawyer sugeested to have some patience and let them come in court for arguments ...but ubfortunately they are not coming....But also she warned me that , even though she is working but there is big difference in your salaries ...court may order some maintenance to her ... Is there any formula to decide that ? My lawyer suggested that its 1/3 of your take home salary if wife is not working ...but in some cases it may go higher than that..

Sachin (N.A)     09 October 2016

Your lawyer is absolutly wrong by saying " that its 1/3 of your take home salary if wife is not working ...but in some cases it may go higher than that.."

Here is what SC said 

SC:- Employed Wife not entitle for Maintenance u/s 24 of HMA even if the Husbands Salary is 4 times higher.

Her lawyer is also fooling her best option was MCD or annullment

1 Like

Sachin (N.A)     09 October 2016

Always have proof of her employment.

Hope it helps !!

Puneet   09 October 2016

@ Sachin , thanks for kind help ..she has already admitted that she is working and having 15 k salary per month..she has submitted the same in writing before honourable court.. Could you please share any citation for SC judgements on similar case. Many thanks in advance !

Puneet   09 October 2016

@ Sachin , thanks for kind help ..she has already admitted that she is working and having 15 k salary per month..she has submitted the same in writing before honourable court.. Could you please share any citation for SC judgements on similar case. Many thanks in advance !

Puneet   10 October 2016

Thanks Sachin for your help..

Puneet   10 October 2016

Thanks Sachin for your help..

(Guest)
Judgement's hardly help any case. Each case is different. Asking address of Bangalore mg road in gandhinagar mg road. It be like that. Superficially it will appear both roads are same, but they belong to different places. So can't use that citation in ur case. U need to prove one important thing. Tat she is capable. N has hidden this fact. Then court will notice . So either prove. Or throw money n go for settlement.
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