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Truth_Prevails (Software)     25 July 2013

Is there any way to give 0 maintenance

We filed a RCR case first then girl filed a false case of 498a,but never responded to RCR case since last year.

Also she resigned from her job and filed a case of maintenace of 1 flat,1 lakh from my salary and share in 50 lacks which they are saying i earned from denamrk in just 3 months.

I am not willing to give her any single penny.Also i am having a loan emi of 30k per month for the home where my father is the owner of the property which is not yet in posession.

Is it possible if i can take some personal loan also and live on rent so that i can get rid of giving her maintenance,

Please advice.



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 9 Replies

adv.raghavan (Advocate,9444674980)     25 July 2013

please clarify maintanence was filled under HMA 1955 or under 123 crpc.,claiming maintanence is a right and you are suppose to oblige according to court directions.

adv.raghavan (Advocate,9444674980)     25 July 2013

it is 125 crpc and wrongly mentioned as 123 crpc

Truth_Prevails (Software)     25 July 2013

it was 125 crpc, but is there any way if i can claim that she was workingsomehwere and she resigned intentionally to get maintenance.

She is more qualified than me and can easily get the job,but purposely she has done this.

Also,is it possible if i can show that i am not able to save anything from my salary beacuse of liabilities like loan ,medical,house rent etc.


(Guest)

@ Author,

 

Following are the circumstances where your are not liable to pay your wife as mainetnanace:

 

1. If wife is earning and can easily maintain herself as according to lifestyle which both of you maintain during last residing.

 

2. If wife has deserted her husband without any sort of reason and it is prooved.

 

3. If wife has done adultery and exceptional hardship where the petitioner can't  live with her due to danger of life and limb with his wife.

 

4. If wife is more qualified and had experienced of working than her husband,then keeping the facts and circumstances maintenacae can be waived off or it can be of minimum in the court of order.

 

 

regards,

 

A sufferer....

Truth_Prevails (Software)     25 July 2013

Thanks Brother..

ashoksrivastava (scientist)     25 July 2013

If you win RCR and don't give her divorce she will not get any maintenance under HMA, HMAA or Crpc125. However you may have to put up with your 498A wife in lieu of maint. May be its like being caught between devil and deep sea for you. Regards ASHOK

adv.raghavan (Advocate,9444674980)     26 July 2013

what happened to RCR u have filed and what is the stage of 498A she has filed, and 125 crpc?.

kindly clarify

Truth_Prevails (Software)     26 July 2013

For RCR they have done lawyer but never attended the court  from last one year.

498A is in process but chargesheet not filed ,as i am underground and applying for bail from high court after getting rejection from lower court.

Also they are trying to suspend my mother from govt job as she is going to retire in next one month.Is it possible somewhow if i can stop that and will it impact any where on gratuity if my mother not get suspended ad due to the case is still under process?

From last month only they filed 125crpc,saying that girl has resigned from the job and claiming that we have so much properties so one flat should be given to her,with one lac per month from my salary and the amount which i earned from abroad .

Is it possible that if i can keep on delaying the session by few months and in the meanhwile i find out where she is working after resigning the first job.?

 

 

adv.raghavan (Advocate,9444674980)     26 July 2013

kindly take one case at a time. follow RCR first, if she is attending ,it try to get expartie order from the court, and  try to catch hold of  good lawyer who can bail thru this 498a, as far as ur mother is concerned nothing can be done with getting proper order from the court and without informing you,and please remove from your mind the you can get away easily by not paying maintanence under c 125 crpc, it has to be done, according to the court directions ,on which u have the right to contest.


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