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Vijay Kumar (Advocate)     18 December 2015

125 crpc mnt after 12 years

The husband indulged in illicit relationship, cruel to wife, turned herout of house in Sept.2003 when she was carrying pregnancy of 3 months. In Nov. 2003, she visited her matrimonial homealong with her parents and sisterand brother in the hope of rehabilitation. But husband raised hue and cry, called the police, insulted his wife and in-laws, in connivance with  police, threaten to implicate in false case of tresspass and got signed a compromise, attested by ASI of police and was entered in DDR.

         Wife shocked by such reaction, resigned to her fate, delivered a male child in March 2004 whom, the Father never met or seen till today.

      From time to time, husband kept on pressurizing by making the demand of divorce.Wife kept on refusing divorce by replying ," Let my husband reform and I am ready to live with him."

        Finally, in Sept. 2015, the husband moved a false complaint before the District Supdtt. of Police that the wife took away 30 tola gold and cash, did not condoled the death of her husband's mother in Jan.2015, does not show the son to her husband. Police entertained the complaint under political pressure.

     It is pertnent to mention that meanwhile, the wife side never again visted husband's house to make entreaties like traditional Indial Girl parents.

    Husband college employee earning about 65,000/-. Wife earning about 21000/- per month.

 Whether it would be good case for maintenance u/s 125 CrPC?



Learning

 6 Replies

Laxmi Kant Joshi (Advocate )     18 December 2015

If the child custody is with you then you can claim maintenance for the child, as you are working and earning therefore you cann't get maintenance, the child is coparsenor in ancestor property.

prabhakar advocate (advocate)     19 December 2015

How did the wife know that husband filed a criminal complaint before SSP?  The wife should now have been understood that husband is incorrigible and prepare for a long legal battle.  She can seek maintenance for her child and also if she wants, can seek residential rights under DV Act or general civil law.  The attempt of husband to file false criminal complaint is to  extract divorce from her by conceit or force.

Vijay Kumar (Advocate)     20 December 2015

The SSP summoned the wife, her father and brother and pressurized to give divorce; but the the lady and her family did not succumb to police pressure who were acting at the behest of some ruling party politician.

Whether it is necessary in 125 CrPC proceedings, to prove or to aver that on certain ocassions, the girl family convened panchayat and visited boy side and requested to take the girl in matrimonial house?

K.S.Srinivas (Advisor (HR))     23 December 2015

1.  As the wife is an earning member, she can not claim maintenance.

2.  Mainenance can be claimed to the son.

3.  It may be necessary to aver that the firl family converned panchayat etc.

T. Kalaiselvan, Advocate (Advocate)     26 December 2015

The wife need not budge to pressures by the husband either through police or otherwise. 

She should lodge criminal complaints against him for intimidation, domestic violence and adultery.

She can seek maintenance for her minor child under the provisions of section 125 cr.p.c. 

Vijay Kumar (Advocate)     26 December 2015

Thank you very much, Kalaiselvan sir. The problem is that the wife has no photograph or other documentary evidence to prove adultery. All neighbours know the fact of illicit relationship but nobody is ready to say it publicly leave apart deposing before court. In such circumstances, what would you advise to prove the charge of adultery. Regards.


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