Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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rakesh sss (operater)     15 May 2011

not recieve the the notice

sir

i am a victim of false 498 case.my wife goes for mantanance.i have no regular income .i living separatly from my parents before the case.my wife sent notice to the my parents home where my parents not take the notice.sir,iwant to know how i deal with this situatuion.her intantion to take mantanance from fathers property she is well educated and doing job inmnc(20000 pm).

what is the process deal with notice.



Learning

 2 Replies

G.Nagarajeshwar Rao (Advocate)     15 May 2011

If she is having sufficient income and doing job, then you can prove the same before the court, that she is having sufficient income and you are not having constant income. The same will be proved before the court with documentary and oral evidence. Then you will be get relief. If she is not having any income. It is the duty of husband to maintain his wife. There are somany citations of apex court that "a person who is having able body" is sufficient to maintain his wife, by doing any hard work. 

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Advocate M.Bhadra   15 May 2011

If you alredy got court's notice in the maintenance case ,you should appear in the case by filing prove of your wife's income and also file a suit for restitution of conjugal right in District or Family Court,which may be helped in the maintenance case.


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