Crpc 125

dont compromise fight your case, file a divorce case, since she is well qualified and not residing with u with her own will, also the case of RCR will help u .maintenance depends on many factors.

Divorce by mutual consent(13B HMA) can be filed, for that the reason that would be sufficient is that you both are not willing to live together. But as long as your the divorced women doesn't remarries, husband have the liability to give her maintenance/expenses. Though you can prove in court that she is self dependent and don't need your financial support. Suggestion: Avoid divorce, try to sought out. The worst reconciliation is better than the best divorce.

You need not to worry. There are several judgments that if RCR has been decreed in favour of husband and wife is not living with husband, she can't claim maintenance under 125.

As finding of civil court is binding upon criminal court. There would be finding of court that your wife is living seperatly without any genuine cause.

 

 

In Exercise of civil court’s decree in favour of husband- Wife can not get maintenance if she refuses to live with him- Gita Kumar V/S Shiva Charan (Cr.L.J. 1975-page-137) ( Cr.L.J. 1974- page-373.)

 

If husband gets  decree of restoration of conjugal rights Under Sec- 9 of Hindu Marriage Act, wife can’t claim maintenance- (GUJ-Cr.L.J.-1982-page-2033), (Cr.L.J.-2001-page-4175.)

 

There is valid decree of Sec 9 Of HM Act in favour of husband- there could be no reasonable excuse for wife to live separately – In view of Sec 125(4) Cr.P.C.- wife not entitled for maintenance- UTT-NCC-2010(1)-389.

Welcom suggestion by Puneet

I to do advise same. Dont hustle ur decision. No doubt u have right to get divorce on the ground of disobidence of award passed by the family court. and some other too.

since the RCR is in your favour within 1 year of time, your wife need to come and join you. in case if she fails to do so, then on that ground u can file for divorce

regarding the maintanance: since your wife has left the matrimonial home on her own will and RCR is filed by you and it is in your favour, u need not pay any maintanance.

Hi All,

Thanks for your suggestions.

What if she files false case saying that my husband as throw me out of the house.

I have a email confirmed by HR where she is working , but not the salary details provided.

I have few emails sent to my friends defaming and some post done the face book defaming me.

pls suggest.

Regards

Petitioner

Hello All,

My wife has filed a 125 crpc seeking maintainence of RS 30000 to her and my child.

She also filed false inputs saying i am earning 1 lakh per month.

I have query do she has to prove that i am earning 1 lakh per month or if court wil appoint any thirdy person to investigate how much i am earning.

Please advise.

Regards

Petitioner

@Petitioner:  You have put your income details in front of the court, and the court will decide what should be the maintenance.   In this particular case, your wife can ask/claim anything but the onus rests on you to prove your income. It is going to be a different issue if you refuse to provide your income details.  Usually there are these RTI that may help her to find out your income details as a spouse.

Under Sec.13(1A) of HMA you are eligible for divorce if she does not take your call to resume cohabitation one year after the date of decree of RCR.  If she is working provide proof of the same and her salary particulars to court so that the court minimize the amount of maintenance.