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Need help on crpc 125

Page no : 2

Puneet   11 October 2016

@ Gyan prakash ji ,thanks for your advice...  In my case she has accepted the fact that she is earning 15 k per month. And She is not denying this fact..

My lawyer is saying as my salary is 60k i.e 4 times of her salary hence Court may consider this fact for CrPc 125 , 24 HMA judgements and may grant her some amount of Maintenance probably 5 to 6 K per month . i.e. to attain 1/3 rd of your salary and they will not consider any deductions from your account ...which is alomost 35 k in my case ...And on top of that I need to take care of my Old Mother and my Grand mother too..

 

I have too brothers and both of them are happily married and staying at Mumbai at their Job Location. My mother and Grand Mother are staying with me  so I need to take care of them. An I have only 25 K left in my hand after all deductions .  That means with respect to my In Hand Salary , she is getting almost 50 % salary .   So wanted to check if there is any citation available on similar lines from Supreme Court .

I heard from my Lawwyer only that , the Judgement given by  the supreme court will be a guideline or rule for the cases coming in future .. Is that correct ?

 

 

 

 

 

Sachin (N.A)     11 October 2016

Dear Puneet,

No law says that working wife or unemployed wife is entitiled for maintenance.

 

The word used in 125 Crpc

1 (a)  wife, unable to maintain herself,

means the wife not capable to maintain herself , is entitled for maintenance.

 

You seems to be confused by so many advices thats why i sent you link of so many judgements to give you idea that how you can avoid to give any maintenance. 

 

I agree that each case is diffrent and has to be decided on merits but giving judgments of other courts specially HC of your state and SC will add value to your argument and you can tell the trial court what other courts are doing in similar cases.

1 Like

anil   11 October 2016

welll qualified and earning wife cant get maintainence , pls proove this in court , search this judgement for your highcourt of supreme court. 

unless and until u r crorepati , no need to wory , max it will go 5-10k depending on circumstance if you not able to prove anything.

rather then wasting time to fight maintainence case concentrate on divorce case and get out of it asap ,

1 Like

Puneet   16 October 2016

Hi All,

thanks for your help...She did not come to court on this date as well , neither her lawyer,,,

Sachin (N.A)     16 October 2016

Good.......

It seem that her statergy is to harras you as she aware that she will not get any maintenaince, Don't ever show that you are fed up of case always try to be calm.

She might be checking status of todays hearing on website or through lawyer.

1 Like

Puneet   16 October 2016

Thanks Sachin for the Moral Support !...

 

@ All Experts ,

One more thing I forgot to mention was , while putting the application for CRPC 125 , she has asked for so many articles as Stridhan which were never given to her by neither parties (my family or her family ) . While replying to her application I produced lots of evidences to prove her demands are false and just misleaading the facts.

On this ground , Can I file perjury against her ? Her most of the relatives are with me and are ready to come to court if needed. Kindly advise.

Sachin (N.A)     16 October 2016

No, you cannot file perjury in this situation.

Every lie spoken in the court doesn't come under the preview of perjury. Only that lie or false statement which affect the case or judgement comes under preview of perjury.

And sec 125 CrPC is for the maintenaince and not recovery of stridhan.

 

Puneet   06 November 2016

@ All Experts,

My wife and her lawyer came to court on this date and taken a next date but they are not ready for argument..It Cann someone please help if I can put pressure on thm by any means and make them to come to court and be ready for argument (its almost 6 dates its in argument phase and no progress )

 

 

 

Puneet   11 November 2016

@ All Experts,

We got a call from her lawyer for amicable settlement and he took a date in Lok Adalat tomorrow 12-11 in Pune Court and it seems from his tone that he wanted to settle the matter asap.

My lawyer is saying that , in Lok adalat there is no ortodox way and court just looks for the settlement of the cases with both parties consent however she is insisting me not to give any financial offer in front of the panel . She is saying that let the demand come from them and if it is within our remits then only we will accpet otherwise let the case drag further.She also asked to bring some evidences so that we can put some pressure on them like , photos of gift articles given to her , her recent photographs from FB ,Whats app to show her status of living etc.

 

Just wanted to check the view of all the experts on this forum? What should be my line of action.

Thanks in advance !


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