Ahmad Shaikh (manager) 25 November 2014

Judgement after crpc125 case withdrawal or dismissal

Hello Experts,

My wife fled home in Aug 11 and then after two years filed CRPC 125 case on me. in the two and half years I and my family tried multiple times to bring her back but she never came . We have a 3 year old son as well,

Now this case, after the councilor’s mediation she agreed to come back home, here I also told them that I do not want to divorce her because of the child.

There were few conditions put forward,

1. I need to pay sum of 15000 Rs /month in her back A/C

2. And stay away from parents and no interference from them.

I agree to them because of the child’s sake,

Now after 4 months the case is still pending status because of her tantrums. And I’m paying the above mentioned amount and staying away from parents,

My questions,

1. If in the next hearing the case will be withdrawn, is there any judgment which will tell me to do the same for life?

2. If I put forward a case dismissal application, will the case gets dismissed and still there a judgment which will tell me to do the same for life?

Your expert comments are welcome!!

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4 Replies

(Guest)

If your wife comes back, then there the 125 crpc will get dismissed if you ask court to dismiss it, as wife has already come back to you.

If not, you will have to keep paying that 15k into her bank account till the day she comes back.

No need to stay away from parents if she is not willing to join you back. It does not make any sense. You may as well go back to your parents now and no need to stay separately as wife asked you to do.

But if some day in the future if wife is willing to join you back with the son, you go make separate accommodation for you wife and kid.

fighting back (exec) 25 November 2014

completely agree with helping hand here.also just want to ask and add futher.

how much is your monthly income for agreeing to pay rs 15000? are you earning so much?

also , what i feel you should not sacrifice and get ready to be a puppet at the hands of your wife and do as she says, what after all the court tamasha settles down, and you end up staying separately, that she may not throw up new tantrums with you, when tommorrow your parents come to vist you or you visit them in future? you cannot predict such women..........the rest is up to you. she has already arm twisted you in paying her money and managed to drag you to court, and now that she has realised that the husband has become a puppet in her hands, what is the garuntee that she wont make you dance again in future? and under the guise of the child she will emotional blackmail you

Ahmad Shaikh (manager) 01 December 2014

Thank you Helping Hand and Fighting Back, just to clarify few points,

1. My wife has came back to me and I, my wife and my son are staying together in a rented home away from my parents since last six months.

2. I earn approx 90000 Rs/month and my wife's income is approx 20000 Rs/month.

Now, my question was do i need to continue paying 15000 Rs/month even after the case is withdrawn?

And at the same time do i need to pay this amount if the case is dismissed by court sighting reason that we are already staying together?

Ahmad Shaikh (manager) 02 December 2014

Sorry to put another question,

We signed a MoU with councilor and these are the terms,

1. I'll pay her the sum of Rs 15000/month in her bank account (no last date till i must pay is defined)

2. We will stay separate from from my parents (tenure or the last date till I pay is not defined)

Now in either case of crpc 125 dismissed OR withdrawn will there be any judgement passed by court? or the case is dismissed or withdrawn hence no judgement?