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Raj Deshpande (Job)     26 October 2016

Stay on maintainance against 125 in sc

Dear Sir,

I am working and salary as 1 lakh and wife is graduated but not working. She has files 498 against me. She also requested maintenance against 125 and I did not get any notice from family court. The family court ordered to pay Rs35,000 as maintenance. I approached to HC for stay but my lawyer asked to negotiate with other party and close the matter. I denied it. The court suggested to discuss mutually but I could not go. Then HC squished pervious family court judgment but my lawyer accepted that I shall deposit the entire amount of arrears as ordered by learned Family Court. My lawyer did not discuss with me to accept this condition.

Shall I approach SC to cancel this order or deposit the money and start the case again?

Judjement --------

(a) The order impugned dated xxx passed by learned Judge, Family Court, xxx in exercise of powers under Section 125 of the Code of Criminal Procedure is hereby set aside on the ground that the present applicant was not properly served.

(b) The applicant agrees and assures this Court that he shall appear before the Family Court file of Family Court, xx on xx for hearing.

(c) He shall deposit the entire amount of arrears as ordered by learned Family Court, xxx vide judgment dated xxx and present respondent wife will be entitled to withdraw 50% amount thereof.

(d) The balance amount shall be dealt with by learned Family Court, xx in accordance with final order to be passed under Section 125 of the Code of Criminal Procedure.



 1 Replies

SHARAD CHANDRA DANEJ (Asstt. Manager)     13 November 2016

Are you sure it is section 498?

Section 498 in The Indian Penal Code
498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
How come your lawyer didnot consult you before accepting the maintenance issue?
You didnot mention if the maitenance is monthly Rs. 35K.  Consult your lawyer again and discuss the matter at length and ask him the options open for you. You can go to Supreme Court in appeal.
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