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(Guest)

Need help on CrPC 125

Hello All,

My details are:

Marriage on 06 May 2009. 

She left for parental home on 12th Feb 2010.

I have send a legal notice on 12th April 2010 Bangalore.

She has filed for CrPC 125 maintainence on 17th April 2010 from WB asking 7K amount and lot of false allegation.

Background:

I am from Assam. She is from WB.Marriage was in WB under HMA 1955.I am presently now in Bangalore and she in WB.She was working here as a school teacher before she left.

Reason of her leaving home:

Her mother.She used to dance in the tunes of her mother and force me to do what her mother say. Because of that quarel used to be there andshe used to force me to leave the job in B'lore and come to WB as this was too much and she unable to suceed she and her mother has taken this step.

What I did:

The hearing is in July 2010. I am planning to go to WB and fight the case and I have appointed a lawyer there.

What I want:

I am not willing to continue with her as she has put so many false allegation and also her family ( her mother ) not a good person. I am looking for divorce.

My questions:

1.It had become extremely difficult for her to attend the court proceedings in West Bengal. It is very expensive and time consuming and even I am working in B'lore in a private company and as a result I am going to get too much leave. How should I do ?

2. My lawyer went and saw  the case details in the court in WB.Four lawyer of her has signed the vakalatmana.

They are asking me what you want ? I told them .. now they are telling that if they agree for divorce then they will ask huge amount.What should I do to make min settlement ?

3. If they are not willing for divorce and also she gets maintainence and we are living seperately then how long it will be,till whole life ? Then life of both of us is gone. What is the solution then ?

4. My Salary is < 20 K and also she has asked 7K and also she was working as school teacher and her exp was 5+ in teaching. How do I show my libilities ( house rent, food, other exp, my dependent mother who is widow and have no other source of income ).Will this be a valid reason to decrease the maintainence amount ?

5.Lot of times lawyers in settlement wats to earn money for themself.How to avoid it ?

6. How to finish the case in min hearing so that I will have to travel less if there is no option.Any approach can be done?



Learning

 10 Replies


(Guest)

Reframing Q1

1.It had become extremely difficult for me to attend the court proceedings in West Bengal. It is very expensive and time consuming and even I am working in B'lore in a private company and as a result I am not  going to get too much leave. How should I do ?

Pankaj Mehta (Advocate)     10 June 2010

firstly u need not to attend every hearing, your appearance in the court is mandatory only during recording statements of witnesses and it can be exempted any time stating a good reason. demanding a particular amount & granting of such amount are two different aspects, maintenance amount will be considered by the court upon evidence placed by both the parties, so u need not to worry about such prayed amount by ur wife.

if there is a scope of amicable settlement, better if u dont came into influence of mediators, try to solve this matter by discussing directly with ur wife, about being seperated or getting together, engage a reputed lawyer and trust him.

1 Like

legaljoe68 (member)     10 June 2010

If she is school teacher in Govt school  than use Right to Information Act and seek information about her salary from school authorities.If she is working in Govt aided school than also you are entitled for Information under RTI .It is bettr to collect proof before going to court with ur defence . If u have any problem I will help u undr RTI my email is sanjaybhaigujju@hotmail.com

DO not rely on lawyers they are mediators seeking their own benefits .

Take loan for ur house , renovation, bike  , show mothers illness

say in court u want to live with her let she say that she is not interested in you. reduce ur bank balance get it in ur mothers name .

for more advice i am there . I am not a lawyer but fighting my case inperson since 2006 and is succesful with these strategies .

besk of luck

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     11 June 2010

Legaljoe wonderful carry on. Offense is best defense.,goodluck. But do not blame advocates it is their profession. People like you who can fight intelligently are always welcome.

Ravikant Soni (LAWYER IN JAIPUR)     11 June 2010

legaljoe is wrong in his opinion.

Ravikant Soni (LAWYER IN JAIPUR)     11 June 2010

My opinion is that you should go for counselling. I always  suggest to breakdown marriage only if there exists two conditions, first if your spouse in not faithful with you and other if he/ she suffering serious mental disorder that uncureble and living with him is resulting dangerous to your life. In all other circumstances you must knee down. Because the way of breakdown is worst way. It ruins the life of both. 

It is my personal opinion.

Now about your case your presence in the court is not necessary. You already appointed lawyer as well. Now you have to file reply so you must collect the evidence that shows your income lesser and ability of your wife much. Always keep in mind that you ll have to pay your wife as maintenance. No way to get rid of. But quantum  of maintenance may be much or lesser.   

Arati Luitel (Lawyer)     12 June 2010

My view is that  any way you have to defend the case but your regular presence is not necessary show your income lesser and much more ability of your wife through lawyer.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     12 June 2010

Mr. Soni,

Plz. don't comment like right or wrong. U can use I do agree or don't agree with the views. Don't comment publically.


(Guest)

if she has put false allegationS dont go for conselling.SHE WILL MAKE UR LIFE HELL IN LONG RUN .

ASa lady can just detroy u fully by false allegations. if shes beginning life wid false allegations wat will b the end of life.  fight her tooth and nail. find a new girl marry /live in wid her (without proof)  n let her enjoy her life with her false allegations. i m sorry for giving u my views on public FORUM  rather than by PM.

1 Like

(Guest)

Hello Everyone,

Actually I am not interested to stay with her but at the same point of time I dont want to give her so much maintainence which is 7K/month. I have tired to contact her through phone but her parents didnt allowed me.In the court shall I say that I am not interested in her or let her say as I am not interested to stay with her. My final goal is not to stay with her and get divorced.

What ways shall I approach ? 

She has now CrPC 125.Will it be good to put deframation case or false counter case against her as she has put so many false allegation ?

Also pls anyone give me the answer for this ....

3. If they are not willing for divorce and also she gets maintainence and we are living seperately then how long it will be,till whole life ? Then life of both of us is gone. What is the solution then ?

 

 

 

 


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