Criminal crpc us-125- help please - unjustice being done.
Guest
(Querist) 10 August 2014
This query is : Resolved
Hello sir.. If your marriage was never registered and we have already been divorced under our personal law. Can my wife claim maintenance us 125 Crpc ?
Here is the full case.
We got Married and got divorced in 5 months.
Marriage was never consummated as she deny to give me any rights to have sex with her from the first to the last night.. Which was very cruel of her.She was also verbal and emotionally abusive towards me.
There was no dowry , no nothing. There was no cruelty from my side.
I work a job where i earn 70k per month.
Right now i have another wife which i married after my first divorce, and i also have old parents to support and a little brother.
My Ex-wife has a degree and she is educated. If she wants she can do a job.
How can a women claim maintenance from her husband when she never let him have sex with her and was cruel to him.. and marriage only lasted 5 months ? And how can courts allow such a injustice ?
What is the amount that i will need to pay her in my case. ? Aprox amount will also help and how long for just 5 months marriage which was never consummated in the first place ? we never went on honeymoon
In our personal Muslim law there is no maintenance to wife who is cruel to husband and also there are no words which state wife will get 1/3 of the salary of husband till she remarry.
However in Crcp us 125 also there are no such words which says she will get 1/3rd of my salary or she is supposed to maintain her post-divorce lifestyle.
How much do i need to pay her ? cause i have another wife , parents , and my brother dependent on me. She on the other hand is young 23 years has a degree and can go to job anytime she wants to.
Please note : My EX-wife has clearly stated in court that i was "NOT" cruel to her / there was any dowry (as that is true that there was no dowry and i was not cruel to her). So is no case of dowry or Dv on me
however she only claims that i never had sex with her by my own will, which is false. However when she said that it was proved that marriage was never consummated.
And no i am not impotent. I can prove that any day any time.
Q. will there be any maintenance under such case?
Q. can you give me a approx amount of Min - Max maintenance under such case ?
Devajyoti Barman
(Expert) 10 August 2014
A divorce wife irrespective of her religion can claim maintenance form her ex-husband as long s she remains unmarried and unemployed.
Consummation or none of it has nothing to do with it.
Guest
(Querist) 10 August 2014
how much can she claim. I know she can claim it.. but how much in my case..
Guest
(Querist) 10 August 2014
seriously ? after all crulty that she has done to me she gets more than 20 k per month from me ?
has indian law gone crazy ?
ok what in case if she is doing a job ?
and her salary is 10 k and my is 70 k.. same case as above ?
In criminal crpc its not written 1/3 of my salary
Devajyoti Barman
(Expert) 10 August 2014
She will also be entitled as there is great disparity of your respective incomes.
Woman does not loose her right of maintenance of husband only because her husband raises some allegations.
Guest
(Querist) 10 August 2014
what if all the allegations were proven true.
and in In criminal crpc its not written 1/3 of my salary
and its not written any kind of post divorce life style.
Guest
(Querist) 10 August 2014
and thanks for your help.
Devajyoti Barman
(Expert) 10 August 2014
you are already advised adequately..if you are not satisfied with the reply here then check with your local lawyer.
Guest
(Querist) 10 August 2014
Ok i understand.. thanks for your help.
What i dont get is in criminal crpc ts not written 1/3 of my salary
and its not written any kind of post divorce life style
But thats fine.. ill check with some one else.
Thanks for your help.
Devajyoti Barman
(Expert) 10 August 2014
welcome....provision of law is not all..precedent set by courts rule the administration of justice.
Guest
(Querist) 10 August 2014
Ok thanks. But courts have rejected the maintenance to wife in previous cases where she was a working women.
Guest
(Querist) 10 August 2014
https://www.google.co.in/?gfe_rd=cr&ei=hZxYU7D4JuiPiAebsYDIAQ#q=no+alimony+for+working+wife+india
Guest
(Querist) 10 August 2014
And is there a way.. that justice would be done in inida to men ? or no hope at all ?
On one hand husbands are jailed if there wife even thinks that there husbands would abuse them.(no abuse done)
And on the other hand.. A wife who abuse her husband is gifted 1/3 of his salary for the rest of her life saying bravo.. you abused a man.. he is a man so he must have deserved it. It dose not matter if your marriage lasted 1 or 5 months.. you will be paid for the rest of your life 1/3 of your husbands salary cause you are amazing women and you abused your husband and was cruel to him and men are supposed to be your slaves.
Amazing laws of our colorful country
Dr J C Vashista
(Expert) 11 August 2014
The author appears to be a law student and posted this (repeated-in another form) query giving facts of the case in bits and pieces to know more and more regarding legal proposition and expert's IQ.
Guest
(Querist) 11 August 2014
i am not a law student. but i do know about the family law quite a lot and i have seen that the system is very bad for men.But a bad system will only make innocents suffer.. and the very purpose of law is to save innocents.
In the above case.. Where the cruelty of wife is proven and she has refused to have sex with husband should result in no alimony. As that it self is violation of marriage contract
And also Criminal 125 crpc never said 1/3 of income of husband.
and i have also read marriage was never consummated then it can be annulled.
also if wife refuse to have sex. then it is cruelty and that is grounds for divorce.. But if she refuse to have sex and that result in cruelty.. dose that mean that there will be no maintenance ? or a cruel wife can still get maintenance ?
I just want to know the truth.. i just want to see if there is justice in India or not..
My only question is.. how can a women marry a guy then abuse him and not allow him to have sex with her and then when husband had enough of her torment .. he finally cannot take anymore and wants a divorce.. In such cases.. why is wife given 1/3 of husbands salary as a gift ? saying bravo.. you abused a man.. now take his money.
and i am a mba not a law student.. but i have done good research on family law system of India. Will there every be justice in india for men ?
i have only seen the cases on internet so i dont know much and i am willing to learn from your experts .. I have only read the cases but you people are out there trying to save inocent lifes..that why i ask you these question.
SO please if you can answer it.. it will be great.
malipeddi jaggarao
(Expert) 11 August 2014
I do not express any opinion on this thread as the queryist is concentrating on blaming the legal system in India instead of seeking advice. He knows the law and there is no need to adduce free advice to him. He can afford to pay and engage an advocate suited to his thinking.
Guest
(Querist) 11 August 2014
Sorry sir. if you felt that way.
But i am not blaming system in India. sorry if you felt that way.
I am just looking for justice. and all i want is answers.. these questions are high level i understand.. But if you can just answer this.. it will be of great help.
I respect you people as lawyers and people who have experience.. that is why i ask you people.
Devajyoti Barman
(Expert) 11 August 2014
Do not addreSs the experts here as ' people'.
I have already told you that you are advIsed enough.
Meet a local alayer and do not use this sPace to ventilate your personal grudge against the system.
V R SHROFF
(Expert) 11 August 2014
As u earn 70k / wife only 10k, maintenace will be ordered to maintain same std of living.
Guest
(Querist) 11 August 2014
Ok thanks a lot for your help sir.
i just had these doubts in mind so i thought to ask you people.
Again thank a lot for you time.
However i again thank you for you time. You think i should contact a local lawyer pay his fee and get my doubts clear ? and can you recommend me some lawyers.. i live in Hyderabad. I am deciding whether to marry in india or abroad, seeing indian laws i have my doubts. so before i step into a contract i cannot get out of.. i want to ask the lawyers and get my doubts clear .. just in case if bad things happen to me.
And please dont get me wrong.. i am not here to compete.. i am only here to gain knowladge.
My questions are my doubts..They are serious.. i mean if i earn 60 k How can court allow my ex-wife to get have 20k(1/3) per month when she is a single person on the other hand i have 2 old parents to take care of , 1 little brother and 1 wife so that 5 people who should live in 40 k and 1 person enjoys 20 k ?
What kind of justice system we live in ?
when the divorce happens due to wife's cruelty and marriage lasted 5 month which was never consummated ?he is supposed to pay for the rest of his life for being abused by his wife ?
I mean is indian law system a joke on men ?
what kind of lifestyle ? of 5 months ? when she was cruel to me ? when our marriage dint even happened in indian law.. it happened in sharia law, and india being a secular country.. how am i not able to follow my religion ? why am i forced to follow yours ? In our religion the girl will be given mehar at time of divorce.. (which i will give her ) and Muslims in inida should be able to follow there own religion. The marriage is never registered under any of the Indian marriage acts.. Its only registered with wakf board(sharia law).We should be able to practice our own religion. This is not the freedom we fought for.
It dose not matter where we live.. a marriage lasted 5 months where wife herself said there was no cruelty or neglect on husbands part.. it can never be justified to give wife 20k per month for the rest of her life.. while the husband strugles with a family of 5 people and income 40 k.. the wife gets 20 k just for herself .. for the sake of abusing her husband ?
Guest
(Querist) 11 August 2014
And also that gives rise to another question.
If 2 muslims are married under sharia law
and not registered under any act (i.e not registered with any courts of india )
only registered with wakf board and have only nikanama .. then which law apply to us ?
If husband wants to divorce according to Quran and hadees i.e sharia law.. and wife wants to claim maintenance till she remarry.. how is that handled ?
Rajendra K Goyal
(Expert) 11 August 2014
Court is likely to award maintenance. You would be given full opportunity to say your side in court with in law.
Guest
(Querist) 11 August 2014
Yes.. but the question is how much maintenance ? if i earn 60k ? and if i say my side and it gets proved correct..i.e she was cruel to me(i.e marriage never consummated cause she never let me ) and the courts have proved me right...then also courts will allow maintenance for the rest of her life ? for 5 months marriage in which i never get to have sex or any kind of love from her ?
as she can only claim maintenance us 125 as our marriage was never registered and us 125 it dose not say 1/3 of the husbands income.
On one side here is a argument that says cruelty was never mentioned in criminal 125 crpc(which was a big mistake on part of indian law system) on the other side 1/3 of husbands income was also not mentioned. Only provide for sufficient means was mentioned.
I am saying big mistake on indian law syatem cause in any other act.. it is clearly written that a cruel wife or a wife deserting her husband without a valid reason.. will not be entitled to maintenance. but in criminal crcp 125 they forgot that women can also be cruel.. which was a mistake by indian law.
but on the other extreme end.. there is the courts that can add things to the law.. I.e u/s 125 was not added to the "divorce act" untill recent case happened..
so if case like this happened where wife is proven guilty and cruel.. Will she be allowed maintenance just cause the law forgot to put the words cruelty in us 125 crpc ? and the law is one sided.. allowing wife's to abuse there husband and then take huge alimony from them ?
and what happens if i have a per-nuptual agreement in which she agrees to divorce me according to islam? will then she be forced to divorce me according to islam ?
and what if that agreement states that she can divorce me by her own will even if i dont agree (which is not allowed in india law) can she then divorce me without my consent which ?
however note that the marriage is not registered with any court or any act. and the agreement is written and not verbal.. so there is a proof of the per-nuptual agreement
Nadeem Qureshi
(Expert) 11 August 2014
Dear Maaz
Indian Law will be applicable as well as Islamic law.
Nikahnama and Wokf board certificate is like Registration of Marriage.
She may filed maintenance case u/s 125 of Cr.P.C or Muslim women (protection of rights on Divorce) act.
Feel Free to Call
Guest
(Querist) 11 August 2014
Ok thanks.. I have given you a call.. but you are not picking up.
Also.. U/X 125 crpc is very unjust as it dose not take any consideration on the length of marriage or the cause of divorce.
a marriage which lasted 1 day will have alimony for whole life..
and a abusive wife will get alimony from there husbands according to this act..
even if her abuses or cruelty was proven and she was proven guilty.. she will still get alimony for life in a marriage of 1 day..
its is biased against men .. and it needs to be changed. Indian justice system looks like a joke now.
Nowhere in the world they forget to take in account the the length of marriage.. but in india..
and i have read many alimony laws of many countries.. a marriage lasted less than 6 months will have 0 - 3 months alimony at max.. in the rest of the world.
But india law system is very bad and its completely against men
Guest
(Querist) 11 August 2014
No, sorry sir i am in hyderbad.
Its ok.. Till now i have understood that there is no justice system in india and a wife can marry for 1 day and get alimony for life..
a wife can also abuse there husband and get alimony from there husaband , as a reward of abusing him. Even when her abuse was proved in court and she was guilty.
However thats fine..
My last question is.. How long dose this cases usally take ? if i keep fighting.
and do i have to pay her from the date of court order or from the date of divorce ?
i think i have to pay her from the date the court has ordered me to pay !
normally , how long dose it take to resolve these cases..if both the party's are fighting.
If high court dose injustice to me and i take the matter to SC then do i have to pay the maintenance ordered by high court while the case is going on in SC ?
thanks for your help.
Guest
(Querist) 13 August 2014
Please answer me..and if you can then read my last answer on my other post also.
How long dose this cases takes to end ? if i keep fighting it ?
Dr J C Vashista
(Expert) 13 August 2014
If you are contesting the maintenance case infinity is the time limit, no one can predict since it depends upon various factors.
It is advised to engage a local lawyer, stop this thread, you are already advised adequately.
Guest
(Querist) 13 August 2014
Ok thanks a lot.. Yes i will do as you said.
And yes i understand that maximum time limit is infinite
but my question is what is the minimum time limit ? if i keep fighting ?
its ok .. if that also is not determined
i am only asking from your experience..
Like in your experience.. what was the minimum time limit in which criminal crcp us 125 for Muslims was solved.. when both parties were fighting and had good reason to fight.
If that is unknown.. then its ok too..
i am not asking exact .. like 6 months or so.. i am asking minimum.. like it ill take atlest 2 months .. like that thing.. not looking for an exact number.. looking for approximation
And Thanks for your help.
Biswanath Roy
(Expert) 15 August 2014
One day while I WAS PROCEEDING TO MY COURT'S CHAMBER AT THE CALCUTTA HIGH COURT near a four way crossing of the road I found that the street was jammed by vehicles to know the reason I dropped down from my car and went to that crossing where I found a compleatly naked man was dancing and some higher police personnel requesting him to leave the spot and lastly DCP could able to convince him to leave the spot and the person went away saying something to DCP. When i asked DCP about the episode he told me that the man was a resident of London and by breaking traffic rules he wanted to see whether the Indian Traffic Laws are the same like English Laws or not but at the time of leaving the spot he commented to DCP that INDIAN LAWS ARE LENIENT because under such a situation London Police could arrest him and imposed fine.
Guest
(Querist) 15 August 2014
Well..i am not really trying to test indian system of justice..
I just want justice to be done to all the people..
and above all.. i want to protect my rights and protect my self.. cause i want to live..
I dont want to marry a girl and then let her abuse me and divorce happens after 6 months and then take my money for the rest of her life..as a free gift for abusing me..
Thats just nuts..
Thats why i ask... how long these cases take ? how long can i drag on these cases.. if i keep fighting. cause it will be a big fight..
ok just say me.. if i consult a local lawyer.. pay them by hour.. can they help me ?
cause as of right now i have 2 options.
1. marry a women and get screwed.
2. Marry a working women .. who earns equal to me and make it fair for both of us..
SO.. i gotta chose..
if i am going to marry a working women.. then ill keep my earning as low as i can.. as i wont be able to find a good girl who earns equal to me if i earn too high..
Or.. i can just fly to USA.. where justice exist and divorce laws are fair to all genders there.
i dont want to leave india..as i love it here.. and i love india.. but this baise in justice system and incomplete and stupid justice system is making me go..
i mean who in this world will write a law that states .. 10 days marriage will have life time alimony ?
alimony was supposed to be a compensation to women who stayed home and sacrificed there carrier for there husband..but 6 months if she stays home at age of 25.. she is not sacrificing anything.. and even if she is ! the guy pay her for the rest of his life for a 6 months marriage ? what r u nuts ? For her 6 months work she get paid for the rest of her life ? that too 1/3 of husbands salary ? marry a man earning 80k.. then abuse him for 6 months and divorce him and get 25 thousand every month for the rest of her life..for 6 months of cooking and cleaning.. what is this law system..stupid or somehting ?
and only man can commit adultery.. and women cant.
What are the lawmakers in india ? stupid or something ?
dont they know they are supposed to write laws to human beings ? not women ? laws which are gender neutral and fair to all ?
cause i have studied law of every country.. and India is the only one which has so much bias in the justice system against men.. and laws are just stupid and inhuman to men..
we are supposed to protect innocent.. not women on cost of men..
how would that man feel who got marriage for 3 months and is now supposed to pay 1/3 of his salary for the rest of his life to a wife who abused him..while he has to maintain his old parents and loans too..
do you see justice in inida ? cause i dont..
fuck this biased system against men.. change it or India will go down the drain in terms of justice.. if a foreigner comes and read this laws of india.. he will be shocked as hell.. cause in any country of the world.. there are no bias laws.. which states
adultery can only be committed for by.. and not women..
rape can only be committed by men and not women..
and a man married for 6 months is supposed to pay alimony for lifetime..
Devajyoti Barman
(Expert) 15 August 2014
query is resolved.
author is unnecessarily dragging the thread.
Biswanath Roy
(Expert) 15 August 2014
My dear friend, I DO ADMIT that the enactment s made in 18th. Century and first part of 19th Century needs some changes and amendments considering enormous changes in the social life in India which evolve such type of controversies in law and that causes injustice to a part of the society viz., males. Such type of legal maladies can be brought before the Apex Court in the form of a Public Interest Litigation invoking Article 32 of THE CONSTITUTION OF INDIA against Union of India. This Forum cannot help you in this regard.
Biswanath Roy
(Expert) 15 August 2014
I need something to add with my above post. In the book "DISCIPLINE IN LAW" Lord Denning of England wrote that the enactments made during the 18th. century and 19th. century to be interpreted according to prevailing conditions of the society and by application of inherent power Judges can render justice to the people so that none can be the victim of law.
Guest
(Querist) 15 August 2014
Ok thank you for your help.. please try changing indian law..
and make is more fair to men and everybody else.
just do justice with all..
dont let the justice system of india go to waste by such biased laws against men..
Remember.. the only purpose of law is to save innocents and punish guilty
Not to save or protect women
Please save and protect all humans and not just women.
Justice can never be done to one gender on cost of other gender..
justice can never be done if there are biased laws in the Indian law it self.
Please try to change it.
Thanks for your help and baring with me.
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
The query is resolved, let the experts refrain from replying the author any further because he seems to have scant respect to our law, judicial system and ...
Biswanath Roy
(Expert) 16 August 2014
MY DEAR FRIEND MR. kALAISELVAN - We cannot trash the grievance of Mr. Maaz Ahmed. His grievances are to be looked into from the point of legal justice which we the experts cannot by pass the grievance merely by application of logic. Our Constitution does not allow to adopt or to follow discriminatory policy neither in Administration nor in Judiciary. Besides, we the Lawyers being a part of judiciary cannot deny our responsibilities to protect the legal rights of all sections of the society. Our Learned Judges also are responsible to consider such principles while they deliver their verdicts. It will be the secred duty of the JUDGES TO CONSIDER OR GIVE JUSTICE CONSIDERING THE PREVAILING CONDITIONS OF OUR SOCIETY WHILE THEY DEAL WITH THE OLD PROVISION OF LAWS ENACTED SOMETIMES IN 18th. OR 19th. CENTURY.
Guest
(Querist) 16 August 2014
Yes the query is resolved..
And thanks mr roy
And please dont get me wrong.. i just want justice for all .. for all men and all women.
"AND IF YOU CAN THEN READ MY LAST REPLY IN OTHER THREAD.. ITS TALKS ABOUT HOW INDIAN LAW IS BIASED AND UNFAIR TO MEN."
here is the link
http://www.lawyersclubindia.com/experts/Can-a-marriage-be-annuled--489811.asp#.U-8HXKOCsqw
The laws needs to change.. it needs to be more fair to men..
All i am asking is..
Why when a man commits adulty is thrown in jail and when a women commits adulty.. no charges on her.
Why a man paying lifetime alimony or alimony for years when his marriage lasted 1 -3 months ?
why is men taken as slaves ? a man who got married for 3 months.. should pay at max alimony for 3 months.. (as per western law )
but in India.. a man whose marriage dint even last 6 months.. pays alimony for life..or years and years ?
And the biggest question.. Why only women can claim maintenance u/s 125.. what about men who were at home and there wifes used to earn ? how can you leave that men out ?
Do justice for all..
I am not here to fight.
I am here to have justice.
You as lawyers hold the power.. the key to the change.. a better future for all.
a better future for india..
When our life crashes.. we put of life in your hand to do justice.. we truth you people, put our hope and faith in you people that you will do justice.You are the symbol of justice.
But can you look at your self and say..
A guy whose marriage lasted 3 months should pay alimony for life or till years and years ? and can you state the reason why ?
STAND FOR JUSTICE.. STAND FOR JUSTICE FOR ALL.. NOT JUST WOMEN OR NOT JUST MEN..
STAND FOR JUSTICE FOR ALL.
Biswanath Roy
(Expert) 16 August 2014
Equality before law envisaged in our Constitution as Fundamental Right guaranteed under Article 14 which means,"that among equals, the law should be equal and equally administered, that like should be treated alike". Equal protection requires affirmative action by the State towards unequals by providing facilities and opportunities. In other words, it means the right to equal treatment in similar circumstances both in the privileges conferred and in the liabilities imposed by the laws. None should be favoured and none should be placed under any disadvantage, in circumstances that do not admit of any reasonable justification for a different treatment. In determining the quantum of Alimony and maintenance such question of equality in the eye of law is being ignored although there is no rigor of law but a matter of discretionary to court.
