125(1)

Querist : Anonymous (Querist) 14 December 2009 This query is : Resolved
We got married on 30th May 2008 and my wife hardly stayed with us. In the month of 0ct 2008 without informing any one of us left our home and on 11th nov 08 sent a legal notice cliaming maintenance under 125(1) saying that i throw her out of house which is falls and we replied asking her to come back. But in the month of march09 she filled a case under 125(1) and the petition says that my parents and me had harassed her for dowry which she and her mother cliams is false.
She also cliams that she was not given sufficient food to eat by my mom which is falls since my mom was in canada after our marriage for my sis delivery.
All this is happening bcoz she wants only money and nothing else
once she openly told me that she married me only for the sake of money and property. She was not interested in marraige and her mother forced her so that she can extract money from me. The root cause for all this is her mom who works for women welfare org. Since i have a solid proof abt all the evil deeds of hers i want to now how can i come out of the case without paying single rupee to her.
I also want to now if there r any chances of her filling case under 498.

the petition copy clearly says that she is only for money and nothing else.

Pls suggest what i can do

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Kiran Kumar (Expert) 14 December 2009
dear friend since she has filed the petition, you will have to appear before the court.

in order to create a defence u may file a petition for restitution of conjugal rights under S.9 of the Hindu Marriage Act.

otherwise the litigation practically has no end...try to resolve the matter amicably....becuase a list of allegations and counter allegations will just invite troubles for u.

the burden of proving ur innocence will be upon you.

visit some local lawyer, show him the relevant papers/ complaints and act as he advices....as there can be some loopholes in her complaint too.

S.KARUNAMOORTHY (Expert) 14 December 2009
i agree with kiran kumar

aman kumar (Expert) 14 December 2009
agree with kiran

Raj Kumar Makkad (Expert) 14 December 2009
There is no way for you except to pay her maintenance allowance as decided by court so defend your case perfectly so that minimum amount may be allowed.

As opined by other experts, try to amicably settle the matter otherwise in courts there is no solution of such matters.

Arvind Singh Chauhan (Expert) 15 December 2009
I agree with Raj Sir.

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