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NAIM SIDDIQUI (not working)     19 April 2013

Plz advice me?

My wife filled a case u/s 125 maintanance in her parental home district court Indore.

and i live in kanpur. In three date(Peshi) in indore i was available there in indore court but they did'nt come.

Lawyer of her side submitt application or medical in every date to the court. she just wants to harrasing me.

My lawyer advice me file a DIVORCE petition in Indore court with this case.

It will be a right decision?

Plz Advice me.....



Learning

 8 Replies


(Guest)

Naim Bhai,


Do you want divorce? If yes, only then go for it.

As you are a Muslim, you need not file a case for getting a decree of divorce.

You can go for "Talaq-ul-Sunnat".


As far as the case of S.125 CrPC is concerned, if she is not attending the hearing for some reasons and two-three dates has been passed, then you can file petition in the same case for ex-parte decision.


As I am practising in Indore, you can talk to me or meet me anytime on your next visit to Indore.


Advocate Sandeep Naik, INDORE

Adv k . mahesh (advocate)     19 April 2013

it is very common that after filing of cases every one attempt to take time by filing petition and harassing the other party and judge also experienced a lot try to convince your lawyer to ask for exparte order as she is not attending the court 

NAIM SIDDIQUI (not working)     19 April 2013

Mr. Sandeep jee...

yes i cant live with her she is harrasing me from the date of my marrige and mentally torcherd me....if i file a divorce petition with her 125 maintanace...so what action they can take....i m jobless and i can prove it in court...

Plz reply..

Anis (Asst. Manager - Sales)     20 April 2013

Dear Naim,

Even if you are jobless, still you will have to pay maintenance to your wife. As per Hon'ble Supreme Court of India, a muslim wife can also claim maintenance under Sec.125. The court may ask you to pay maintenance after considering your salary as per Minimum Wages Act.

Regards,

Anis

NAIM SIDDIQUI (not working)     21 April 2013

but she is a highly qualified woman and previously working in automobile sector and she accept in her notice which send me that she is a highly qualified woman ang living in high social status beside i m jobless and previosly working in a ratail sector of salary 6000/- .


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