fighting_498a (engineer) 02 July 2013

Please help-divorce and alimony

Hi all experts,

I and my wife both agreed for divorce and to pay permanent alimony of Rs.X lacs.

After that i deposited money in bank joint account of both parties counsels.

Then I asked her to come for mutual divorce for that she is not ready.

She forcing me to accept divorce on cruelty ground for that i denied and told i am ready for MCD.

Presently she filed maintenance under crpc125.

My queries are:

1) as i deposited Rs.X lacs in bank for permanent alimony.still she is eligible for crpc 125 monthly maintenane?

2)If she eligible crpc 125 whether i will get back my money which deposited in joint account of both parties?

3)How to fight against crpc125 ?I filed RCR to join family and also she worked in past and earning Rs.20000 and presently she left job for the purpose of crpc125

Thanks in advance

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2 Replies

Chetan Joshi (Advisory/Advocacy) 02 July 2013

You shouldnt have filed RCR. Bring your deposit to the notice of the court.

Regards

Chetan(dot)7679(at)gmail(dot)com

2BHelpfull (Other) 02 July 2013

as i deposited Rs.X lacs in bank for permanent alimony.still she is eligible for crpc 125 monthly maintenane?

YES.

If she eligible crpc 125 whether i will get back my money which deposited in joint account of both parties?

it depend on the case . if there is nothing in writting and the amt has been withdrawn by ur wife from ur joint Account .then how will u claim the money and tell court that amt was based on the arrangement for MCD.

gather evidence that she was working earlier and also her education qualification to fight 125.if not cancelling the maintenance then to reduce the amt.