Cr.p.c. section 125 wife demanding maintenace to maintain so
DATTA KHARAT
(Querist) 26 December 2015
This query is : Resolved
Respected sir/madam,
I m residing 450 km far from my home town for job purpose. My wife residing with her mother for job purpose 10 km far from my home town. She never visited to my parents or home town since marriage. She visited to my residence 4-5 time and fights with me on any topic and leaved home go to her mother house. Marrage held on 9 march 2014, son born on 24 dec 2014. Meanvile she gave me 100 Rs. Self affidavted stamp of permiting for second marriage, dont want to leave with me and all. I filed HMP section 9. She filed transfer my HMP to her native place in high court. Also filed cr.p.c section 125 maintenance for son 10k. Mentioned elegation that I mentely harrased her, fight beat her & thrown her out of house, also forced for abortion. But I never did like this work.
We both working in government sector. She earns 25k per month & me 36k gross but net only 24k after deduction NCPF, LIC, personal lone. From net 24k pay 14k for home lone, 2k for brother education, 5k for my travling for job & mess, 3k for parents.
So my que is:
1. My HMP section will transfer or not?
2. How much maintenace hv to pay for son after vivewing both of us earning?
3. She neglecting harrasting me and doing false elegation, what I have to do?
Rajendra K Goyal
(Expert) 26 December 2015
1. Any dispute generally allowed to be transferred to wife,s place on her request. High court may allow such petition within the state.
2. Bring all factors regarding her earning, court may award maintenance to child. Quantum depend on court. Gross income less tax is generally considered for arriving maintenance.
3. Defend yourself against her allegations on merits.
If any FIR for DV or any other case from her is registered, get anticipatory bail.
If she does not want to live with you, explore possibility of mutual consent divorce.
SAINATH DEVALLA
(Expert) 26 December 2015
Rightly suggested by Adv Goyal,nothing more to add at this stage.
Devajyoti Barman
(Expert) 27 December 2015
1. The transfer petitions generally allowed by high courts if filed by women However if there is merit on the contrary then it may be thwarted. Since you have not given much details s=hence no comment can be made on the merit of this case.
2.She is not entitled to maintenance . However the child is so entitled.
3. Fight or contest the case on merit.
K.S.Srinivas
(Expert) 31 December 2015
Experts already answered. No scope for me to give to answer further.
