LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chetan Singh (SE)     17 September 2011

Section 125 case help

My Bad wife has filed 125 maintence case on me, That I have to fight.

1.Can any body tell that what basis it is calculated since I am earning  8000 pm and she falsly said that I am earning 1 laks per month. She is demaing on case 20000 pm so how can I prove my salary?

2. We were together 3 months after that she filed 498a and run away.So on what basis this is calculated and she can also do job since earlier she was music teacher in good school but after 498a she quit her job and now greedy for money from me. Can i show her degrees copies and her previous experience letter?

3 Once monthly maintence is decided from court , will it fixed for life time or it gets increased?

Thanks
Chetan



Learning

 11 Replies

SANJAY DIXIT (Advocate)     17 September 2011

Dear Chetan:

1.Can any body tell that what basis it is calculated since I am earning  8000 pm and she falsly said that I am earning 1 laks per month. She is demaing on case 20000 pm so how can I prove my salary?

SUGGESTION: U may so ur Income Certificate. Ur actual income will be calculated and not told by ur wife.

2. We were together 3 months after that she filed 498a and run away.So on what basis this is calculated and she can also do job since earlier she was music teacher in good school but after 498a she quit her job and now greedy for money from me. Can i show her degrees copies and her previous experience letter?

SUGGESTION: Not matters she was working bfore. At present she is jobless thats all (what is going on in practical). U may contest on d basis dat she is able to maintain.

3 Once monthly maintence is decided from court , will it fixed for life time or it gets increased?

SUGGESTION: Maintenance so fixed may increase or decrease according to changed circumstances in future.

dev kapoor (Honorary Secretary)     17 September 2011

Dear Friend,

A Magistrate dealing with application u/s 125 must decide wife's application considering the propotionsate income of the husband & coming to the conclusion that wife is "unable to maintan herself"As you narrate,your wife was doing a job & is qualified for the same.You can establish the SHE IS NOT UNABLE TO MAINTAIN HERSELF.But the unfortunate side is that a Magistrate or the Higher Court must come with a tangible finding that if the wife is not "Unable to maintain herself"the husband has not to be punished.The section provides succor to wifes suffering from vagrancy or starving due to neglect of the husband to maintain her.Howsoever women sensitized law may be,it must be taken into consideration that S.125 is not meant to punish the husband.

If you prove by your salary certificate & on the contrary your wife fails to establish your income as she has pleaded,there is no reason why a Magistrate should order you to pay Rs.20,000/pm.

Take care.....

Chetan Singh (SE)     18 September 2011

Thanks to all your quick response.

Since she is fighting 498a case from Ghaziabad and now she has filed 125 from delhi court so can it be possible if I can transfer it Ghaziabad too, since it will difficult to fight the case from different places.

prashant pundhir (Criminal Lawyer)     18 September 2011

1.The burdon of proof to show your income before the court is on her .You are the respondent so wait and watch that how she is going to proove your income 1 lakh .On behalf of the things she produce,you open your cards and not before .

2.It does not any matter .She is your liability and you have to provide the maintenance if 

(a)She proove herself your wife .

(b)proove the reasonable ground of seprate living .

(c)Not able to maintain herself .

3.U/S 127cr.p.c. ,the maintenance once fixed ,can be increased or decreased depending upon the circumstances .

And for the last quary,tell us that the weather498A is a police case or complaint case . 

Chetan Singh (SE)     18 September 2011

Thanks Prashant ji,

My 498a is a police case, I was arrested for 15 days for that as we did arya samaj marriage with only 5000rs.
But after 3 months she made false case of dowery on me demanding of 10 laks rs. 

Please advice also if 498a is going on ghaziabad court and this 125 can be transfered on ghazaibad from delhi court. She is now not coming for witness and judge has passed NBW for her.

Chetan Singh (SE)     18 September 2011

can any body please reply ?

dev kapoor (Honorary Secretary)     18 September 2011

You fiule a transfer aspplication in the HC seeking transfer of Ghaziabad criminal police case to Delhi on the ground that wife has filed an application u/s 125 cr.p.c. at Delhi which is tentamount to harassment of the non-applicant/accused.There are a no.pof judgments where the HCs have ordered trial at one place in order to avoid multiplicity of litigation.Rest assured,if ypou are fair,things will be decided in your favour.Time is the greatest healer ! Wait & act upon the advice of experts here withpout however ignoring the ADVICE of your OWN ADVOCATE.

prashant pundhir (Criminal Lawyer)     19 September 2011

Friend ,

            Do not waste your time and energy .Case of 125 cr.p.c. will not transfer from delhi to ghaziabad as she have right to file anywhere suitable for her .Better you face the trial seriously and finasie the cases .In the case of 498a high court can help you a lot . 

Chetan Singh (SE)     19 September 2011

Thanks Prashant ji,

I am ready to face trial but as per you how high court will come in picture, since my 498a case is going on in Ghaziabad court . Should I apply transfer it on Allahabad high court? 

prashant pundhir (Criminal Lawyer)     20 September 2011

You can not do any thing for the tansfer of the case of 125cr.p.c. but 498a is in your hand and for the proper suggestion,the facts of the case is needed .

Chetan Singh (SE)     20 September 2011

Today A person for enquirey from delhi court went to my Home town.He was doing enquirey about my local delhi address, my current job,salary ,my mobile number. My mother and Father hadnt told any personal details of me.

Since they have declared me out of property (Bedhakal) from property. so they submitted a copy of that to him.
1. Even then can my witch wife forcefully enter in my home town?

2. I want to avoid 1,2 dates for that 125 case , how can it be possible?wants long dates?

3. My local ghazaibad lawyer suggest me not to present in court before 3PM so that you can get next date easily.will this help me for next date?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query