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harrassedby498a (softare)     29 November 2011

Maintanance in 125 crpc urgent pls help

 

Hi All,
 
My B***** has filed a False 498a and subsequently 125 Crpc too (No Kids).
 
I am a IT professional and have a Gross salary of around 70K and the take home of around 50K.
 
My Wife is a an FIRST CLASS Electrical & Electronics Engineering Graduate from a reputed university in Andhra Prasesh.(I have the scan copies of her degree ) ,She was also working as a Jr.Techincal Manager in a consultancy before and after my marriage.I have the original appointment letters and the service certificates for the same with the head of the organisation signature & Seal on it  .
 
I even have the photographs and the video of the birthday celebrations(Cake cutting) of my wife with the other collaegues at her office ( With the display of ID cards hanging on their neck).
 
As of now that office is closed due to some loses incurred by the company.She has not joined any office from then ,as she says she will get the maintance amount from me.
 
She has been even been trained in the banking sector and the IT sector as she was trying for the new jobs in the above domains .All the expenses are incurred by me . I even have the proofs of the same (ID cards , Fee Reciepts etc ).
 
I have my old parents whose health needs to be looked in to and even i have taken 3 lakhs Personal Loan(12000 EMI) and made all the attempts to increase my tax so that my
take home salary is less by putting the VPF ,taking loan from office( It gets deducted every month from pay slip) etc.
 
She makes all  False allegations in her petetion that i have two own houses through which i get an amount of 20000 PM( I don't have one) ,We do money launduring business in hyderabad(False),My mother gets pension of 10000 PM ( as such My mother is House wife ) My Father has a pension of 20000 (which is accurately of 7000 as a fact ), as such she says i have no responsibilities except to maintain her (Asking a maintainance of 20000 PM).
 
Please let me know how should i succeed in this maintaince case.How much will be the maintance amount that i may have to pay ?
 
Regards
Victim.


Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 November 2011

Being a husband you cannot avoid maintenance.  To avoid the maintenance you have to prove that you have neglected her willfully.

**Victim** (job)     29 November 2011

She makes all  False allegations in her petetion that i have two own houses through which i get an amount of 20000 PM( I don't have one) ,We do money launduring business in hyderabad(False),My mother gets pension of 10000 PM ( as such My mother is House wife ) My Father has a pension of 20000 (which is accurately of 7000 as a fact ), as such she says i have no responsibilities except to maintain her (Asking a maintainance of 20000 PM).
 
@ Author this is usually lawyers format in which they put down such allegations. Don't get aggravated by seeing false allegations it is very common practice by lawyers these days. Although maintenance is something which court will decide based on your responsibilities, your earning and vaious factors. If they filed Crpc 125 asking 20 K per month it doesn't mean that she will get 20 k per month unless case is expartied. Let her prove that you have neglected her. As advised by Adv. Rajeev the best way to avoid paying maintenace is by not neglecting her.
 
 
 
But once again when you will say in court that you haven't neglected her she will come up with new story that you are harrassing her or you have beated her therefore she can't stay with you and that is why she is entitled for maintenace ? It's a long procedure i suggest you hire a good lawyer in your city . You have not mentioned on what grounds she is claiming maintenance ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

You may not be able to avoid maintenance, but give a good fight.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Dr J C Vashista (Advocate)     29 November 2011

Wife is entitled for maintenance uder 125 Cr PC However, an educated wife is not entitled for maintenance, says Court ruling. which your lawyer may find.

1 Like

(Guest)

what is her last salary...

proove that she is eyeing your maintenance rather than work...

you have to pay maintenance until she gets job and track her well until she fits into some job...

allegations she need to proove...

your parents are not related to your maintenance issue...

most probably she will get 5k as maintenance... if this is so try to settle amicably and fix her in some job and then handle her in due course... but ensure she serves your parents... put this in petition so that judge understand that she had to perform household duties inorder to get maintenance of whatever...

sajed (lawyer)     30 November 2011

if  you are from andhra pardesh contact us . we are expertise in family law

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     01 December 2011

Youclaim, your wife is highly educaterd and working, having sufficient income to maintain herself. 

Let her prove your income, you do not accept anything. 

How long will she remain unemployed? to recd 10k , will she loose 50k?? 

Kep a close watch on her, to prove she is working  but not on record { Usually mtn applicant leave job, start working in Pvt, not omn record, ]As they try to prove :  no job: Unemployed. 

False allegation is part of legal practice & pleading, forget it. 

 

Try to defend to save your Mtn liabilty. After all , u have to pay something. 

B.N.Rajamohamed (advocate / commissioner of oaths)     01 December 2011

Sir,

Being your wife she is entitled to claim mantenance from you irrespective of her status as a graduate. If the amount she earns is meagre to maimntain herself andd the kid she is entitled for the claim.

She is burdened to prove that you have own houses and your parents earn pention etc.

Hari (pp)     02 December 2011

Brother,

you can send me mail at hari3550@yahoo.com. I will try my best to help you so that you can give a tough fight to the opposition

 

Hari


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