My wife has filed a petition u/sec 125 crpc
Khema Nand
(Querist) 09 October 2018
This query is : Resolved
Dear All,
My wife has filed a petition U/sec 125 Crpc to get the maintenace in 2008. I live on rented accomodation. My wife give the false infomation about her job before the marriage, whereas as per statement of her father she was worked before marriage. We have won the 498A/407/313 Case.
I have admitted that my Salary is Rs.20,000 and I live in rented house.
Neither Court has consider on that she deposed false before the hon'ble court reagarding her job before marriage nor has consider on that she has registered a false case U/sec 498a/407/313. Which we have won from session court.
The Family court has decided the case and passed a order on dated 07.07.2018 and give me direction to pay Rs.5000.00 to my wife and Rs.5000.00 to my daughter Per month.
Should I have to file an appeal bofore the hon'ble High Court to get the some relief becuase i am paying rent 4500/- PM + Conveyance + exepess for livehood. Plesae let me know that how can i survive
Please suggest to me what can i do
Dr J C Vashista
(Expert) 10 October 2018
What is the opinion and advise of your lawyer contesting your case(s) since/ before 2008 ? Have you lost faith in him/her (your lawyer) if so, change him/her immediately.
Why do you rely upon the opinion, advise and obligation from experts on this platform on limited facts except the fact that it is available FREE OF COST ?
M V Gupta
(Expert) 10 October 2018
First to clear the point raised by Expert Mr. Prasanna. Section 125 CrPC does not require that the wife should have been divorced.for grant of maintenance. As regards the issue raised by the querist as to whether he should file an appeal against the order, he may in consultation with his advocate file an application for review of the order on the ground that his net salary after deduction of statutory deductions and his cost of living is not sufficient to pay the maintenance granted by court. He may also submit to the court that he is prepared to maintain his wife and child if they agree to stay with him. (vide second proviso to sub section (3) of Section 125 CrPC) and request the court to cancell the order granting maintenance.
Khema Nand
(Querist) 11 October 2018
No i did not get divorce from my wife but she living seprate from me
Khema Nand
(Querist) 11 October 2018
Is ther any Lawyer in East Delhi.
Dr J C Vashista
(Expert) 13 October 2018
You have adequately been advised by experts, now it is your call to proceed through your lawyer.
You may send your file to me, if you feel, for proper appreciation of facts, analyses and professional advise/guidance.
Khema Nand
(Querist) 17 October 2018
Dr J C vashista , Can you let me know that how can i Send my file to you , by E-mail or any other way.
Sir, where do u live in Delhi
Khema Nand
(Querist) 17 October 2018
Noted Sir, Plesae let me know the addaress where i have to given the document.
