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K.Madhav Rajan (Welfare Officer)     14 June 2010

CRPC- 125(1)

Sir,

My wife has filed a DV Case against me and my 89 yrs old father. She asked maintance also. I proved that she staying seperatly for the last 3 years. I send a letter asking her to come and joi with me .She refused my request. Money orders sent also refused to accept. In the Majistrate Court I produced all evdence and won the case. Majistrate dimissed all her requests inclding maintanance. I purchased few landed properties in her name worth few lakhs. That case in family dicided half title in both favour. She filed appeal in High Court. In the mean time I filed divorce petition in the same family Court showing clear evidence in cruelty and desertion. It is in evidence stage. Now she filed another petition for Rs. 10000/ maitanance. In DV appeal also she asked maitance in Sesssions Court. and there it is posted for prononsing judgement after hearing.

In view of the above situation (i) Is he elgible for maintance now? Pl enlighted me.

Regds.

Rajan



Learning

 4 Replies

Arvind Singh Chauhan (advocate)     14 June 2010

As per the details provided by you I think she is not entitled.
 

Arvind Singh Chauhan (advocate)     14 June 2010

She is not entitled if she has refused to accept maintenance  and money orders without giving proper cause. It means she does not require maintenance and only wants to harrass you.

K.Madhav Rajan (Welfare Officer)     16 June 2010

Sir,

She is not earning from herown source.  I  have purchased few landed properties in her name worth few lakhs. That case wasdecided in family court, half share in favour of both. She filed appeal in High Court. In the mean time I filed divorce petition in the same family Court showing clear evidence in cruelty and desertion. It is in evidence stage. Son is with wife and he is working with WIPRO. and earning. My father and mother are very old beddridden and I support them with my earning. I appointed two servants to lookafter them. before filing DV Case she withrew the few lakhs from Bank I depositted in her name. Now son is supporting her. Kindly enlight me , in this situation she is eligible for maintance.

RGDS

MadhavRajan


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