Can i pray the court to order me to give premannat alimony in crpc 125 case
DV victimmmm
(Querist) 03 October 2014
This query is : Resolved
Hello experts:
here are few details about my cases:
1. DV case dismissed by JMFC court as allegations were not proved by wife and many were proved to be false. Appeal by wife is pending in session court since last one and half year, Wife just delaying it.
2. CRPC 125 order by Family court clearly says that I have never ill treated my wife and her allegations can not be considered to be true.But, as I have filed divorce case and i won't take her back, I have been ordered to pay 8k per month to wife and my kid. Wife is already working.
3.Divorce case pending before same family court.Wife just says that she wants to come back and is asking for 18 lakhs for mutual divorce which i can't pay.In the court she says she is ready to come back but she needs guarantee that she will not be murdered by me if she comes back :)
I have to pay huge amount as crpc 125 was dragged for longer time and I have paid almost half of the amount in last 3 months. Wife threatening arrest warrant> i was not working for 2 years almost but got a moderate job few months back.
my both parents are ill and i have to take care of them everyday. I am loosing my own health too because of constant pressure from family court and biased nature of the judge. Most interesting thing in my case is that DV case is dismissed but wife's appeal for interim in DV case is still pending( appeal against main case is different) in session court since 2011. The judge is not dismissing it :) even if I am requesting it on every date. Wife never attended it
I just want to end this now as I am loosing time, money and peace of mind because of all this.
my questions are:
1. can I pray Family court to decide permanent alimony so that I can pay my wife one time. It will help me to concentrate more on my family and other personal issues.
2. if answer to first question is yes, what are pros and cons of such request?
3.is permanent alimony in crpc 125 and civil case like HMA 24 is different in nature ?
4. It will be very helpful if someone can tell me approximate amount for permanent alimony. Cureently I am at rate 8 thousand per month
Thanks in advance for your valuable suggestions and advice.
Isaac Gabriel
(Expert) 05 October 2014
Move through the councels and decide.One time settlement is possible whereby you can be relieved of the wrangle
santhosh.g.
(Expert) 05 October 2014
there is no provision in 125 cr.p.c for permanent alimony, but you can make it through an out of court one time settlement or through lok adalath.your counsel can deal with otherside counsel for it and thereafter both of them jointly can file a petition stating regarding the payment and receipt.Quantum of amount is depending upon your payment capacity based on your earning
DV victimmmm
(Querist) 06 October 2014
My wife is not ready for divorce as well as any settlement and is asking huge amount 18 lakhs(just to end crpc 125 case). Is there any way out ?
T. Kalaiselvan, Advocate
(Expert) 08 October 2014
