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Harrassed (accountant)     10 July 2014

Crpc 125 after 1 yr of divorce under muslim marriage

Dear Experts,

Thanks for your valuable advices on various section which boost my confidence to face my ex-laws.

It was muslim marriage.she left on her own and i am having all evidences and witness against her.no problem in proving they filed false case against me.

Now finally they file crpc 125 against me and they sent summon to my india home,summon was only on my name.Which my parents didn't accept with reason that i left home 1 year back after divorce and they do not know anything about my whereabouts.

I am staying in US.Court date is 14th Jul 2014.

My Queries:

1. Is it criminal case?

2. Will they issue warrant against me on first hearing?

3, Shall i be declare PO very soon,i am planning to go back in Mar-15.then i'll fight this case also.

4. What is sec(3) for muslim woman in crpc 125 after divorce as i heared court will ask from ex husband too if he is willing to fight case against 125 else this will proceed under divorced muslim act.

 

One more interesting point is that last year they were demanding 10Lacs when they started 498a but it is stayed in high court,now their demand become 4 lacs when i left india.

 

Thanks

Imran



Learning

 4 Replies

Anish Thakur 7018812737 (advocate)     10 July 2014

dear querist crpc 125 is maintenance provision ,divorced woman can also seek mainetnance untill she get remarried.You must contest this case.the court can grant maintennace from the date of filing application under section 125 crpc.Court can also issue bailable as well non bailable warrant as per the crpc.feel free to call

1 Like

T. Kalaiselvan, Advocate (Advocate)     10 July 2014

1. Is it criminal case? 

It is a maintenance case under criminal laws.

 

2. Will they issue warrant against me on first hearing?

Since the summons/notices have not been served on you, there is no question of issuing warrant or any other legal action against you, so do not worry about this.

 

3, Shall i be declare PO very soon,i am planning to go back in Mar-15.then i'll fight this case also.

since the notice has not been served on you, where is the question of warrant and PO etc, it is your imagination or have been misguided.  Don't keep worrying thinking too much  about  which is not there.

4. What is sec(3) for muslim woman in crpc 125 after divorce as i heared court will ask from ex husband too if he is willing to fight case against 125 else this will proceed under divorced muslim act.

The law is common for all the religions.  she can very well file a petition u/s 125 Cr.P.C seeking maintenance.

Finally, even after your visit to India, keep your visit a secret, the court will not come to know about your visit until the summon/notice is being served upon you in person, hence do not get yourself involved voluntarily in the case without being served with the summon/notice and also there is no reason to budge to her pressure demanding ransom holding 498a or 125 against you. These issues may be properly challenged in the court of law when there arises a necessity.

1 Like

Harrassed (accountant)     10 July 2014

Thank you Kalaiselvan sir..for your valuable advice.

My last concern is that they file Crpc 125 against me only because summon was only for me.

Is DV case maintainable after divorce and i have certified copy of divorce with me.

Can they harrased my parents on this.

 

Regards

T. Kalaiselvan, Advocate (Advocate)     10 July 2014

Forget about maintainability, the case can be challenged properly in the light of divorce order, go ahead.


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