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Aftab4u (PVT EMPLOYEE)     29 May 2013

Wife booked under "PITA"

Dear Experts,

 

Iam paying maintenance to my honble wife from past 3 years even though she filed loads of false cases against me. recently my honble wife got arrested and send to jail for " Prevention of Immoral Trafficking Act (PITA) case. Now its my time pls suggest what cases can i file on her for harassing me for 8 years. I divorsed her 5 years back.

can i stop maintenance to her as she has booked in the PITA case means she has done s*x with some other person...." Ye to vahi baath hogayi some one is having the food and iam paying the Bill every month"

pls enlight with ur valuable advice.



Learning

 4 Replies

Hemang (Advocate)     29 May 2013

Section 125 (4) of the Criminal Procedure Code is clear. The wife incurs disqualification, provided she is living in adultary. Wait for the result of the criminal proceedings pending against her. If it is proved that she has committed any act falling within the orbit of PITA, you may apply to the court saying that she has incurred disqualification. 

 

I fail to understand as to why you have prefixed the word "honourable" in your writting. Is she that honourable, or holding some magnetic post in most upper level of the Government, or such other institution.

Adv Archana Deshmukh (Practicing Advocate)     29 May 2013

Wait till the outcome of the case then, or collect some more evidence about her living in adultery and file under s. 127 crpc for cancellation of maintainance.

Mohammed Ameenuddin (Sr. Legal Manager)     30 May 2013

Please get a copy of FIR of PITA and a Police Report which is filed againsg your wife, then file a case against her disqualifying her from getting maintanence U/s 125 CrPc.

Sudhir Kumar, Advocate (Advocate)     30 May 2013

do not alert her.  Let her be under the impression that PITA ios less sentenced crime. Let her get convicted due to weak deefence.


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