tapun kumar (Senior Manager) 04 April 2010

Wife rejoined but Sec 125 CPRC pending

sir, please advise on the following issue:-
Me and my wife had some misunderstanding and she quietly left with my 3 year old and filed maintenance under 125 CPRC six months back. I never received any document from the court. I brought her back through some relatives 4 months back and since then staying happily together. But last week i received a letter from court in which "PESHI" (Attendence) in court of IST Class Judicial Magistrate is written. I dont have the petition as my wife then told that her parents will drop the case. Please advise, should I go to the court or not. My inlaws are basically from place "X", Me and my wife are staying at place "Y", but case filed at place "Z" (where my inlaws shifted temporarily probably due to fear of society).
Also please advise, as my wife has been behaving mysteriously whenever I asked about the case. I have enough proof after my wife rejoined me. Recent Air tickets/boarding passes whereevr we went for vacations, Also I bought jewellery, Dental treatment record, Son's admission card in school, photographs, video of Birthday . Online transfer record of money from my account to her account for her luxaries etc. please advise what is relevant or not.Can my wife demand maintenance even while staying with me. I humbly request experts of the Forum to please advise

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4 Replies

Arvind Singh Chauhan (advocate) 04 April 2010

The case might have been filed before your reunion. Ask your wife and try to withdraw the case or file compromise before court. Don't avoid the court's notice and appear on the fixed date.

Devajyoti Barman (Advocate) 05 April 2010

If you and your wife are residing together and has got proof to show then you have nothing to worry. On the date fixed for appearence you should appear and with the aid of your wife either get the case withdrawn or dismissed on the basis of current circumstances.

Arif Iqbal (Advocate) 07 April 2010

Its good that you and your wife resumed your conjugal tie. Your wife must have initiated the proceedings aginst you before the reunion. Now on the date fixed, both of you should appear before the Court and file a joint petition that both of you are living together without any prejudice or misunderstanding and that your wife has no objection if the said proceeding is disposed off in the light of the new development.

SATYANARAYANA K (Advocate) 02 May 2010

You & your wife should appear before the court, fixed on that day for appearance, and file compromise memo before the Court, then Court reffer the matter to Lok Adalat for amicable settlement.