Crpc 125 between section 12 hma
Bunny
(Querist) 23 April 2015
This query is : Resolved
Hi Sir/Madam,
If the case already running Section 12 HMA( Nullity of Marriage) file by the groom against her wife with the available evidence, pls confirm the below queries
If wife appeared in court Section 12 HMA
( Nullity of Marriage) after that can wife file the CRPC 125 for maintenance ???. If yes than what will be jurisdiction location for her to file CRPC 125 and for other family case too ????
SAINATH DEVALLA
(Expert) 23 April 2015
She can file 125 crpc, where ever she is staying at present, U can't object to that.What is that other family case?
Bunny
(Querist) 23 April 2015
That place is not belongs to Marriage place and her original place of home and not belongs to last resides to gather of husband and wife, pls confirm this condition.
And the other case is Mentally harrasment and domestic violence.
SAINATH DEVALLA
(Expert) 23 April 2015
As per law wife can file case at any place according to her convenience. What is the status of the other cases.
Bunny
(Querist) 23 April 2015
Sir,
Her home town in Punjab and Marriage also solemnized in Punjab according to her home in Punjab. Last resides to gether was also Punjab. But she filed the case from Uttar Pardesh...how it can possible ??
Secondly only noticed has been raised about the CRPC 125 and other Mental harassment and Domestic Violence, but the notice still not received by the Groom, hence groom not appeared in those case in the court without receiving noticed by the court which is to be delivered by the court at the moment.
Third is the case file by Groom Section 12 HMA in Punjab, the bride have been appeared in court three times in the same case in Punjab.
In this condition what are possibility and what we can do to save the groom in this condition.
Thanks !!!
SAINATH DEVALLA
(Expert) 23 April 2015
The court or law cannot restrict the wife to file the case at the place of her matrimonial home or parental home. If U can prove that she is residing in Punjab,then U can raise objections.
Bunny
(Querist) 23 April 2015
You mean to say that I can object basis on available proofs that she belongs to Punjab and also you mean to say that she can not file the case in other state of INDIA other than the matrimonial home or parental home of her.
Pls confirm....
SAINATH DEVALLA
(Expert) 23 April 2015
She can file anywhere, but U have to prove her place of present residence and then object
Bunny
(Querist) 23 April 2015
Thanks !!
In case marriage solemnized through Matrimony site Jeevansathi.com, in the particulars of bride shown never married and after got married Groom some how came to know that she were earlier married and divorced legally. In that condition what IPC will be applied on the bride and her family after submission of complaint to SSP of the concern area.
Bunny
(Querist) 23 April 2015
Sir,
In case marriage solemnized through Matrimony site Jeevansathi.com, in the particulars of bride shown never married and after got married Groom some how came to know that she were earlier married and divorced legally. In that condition what IPC will be applied on the bride and her family after submission of complaint to SSP of the concern area.
SAINATH DEVALLA
(Expert) 23 April 2015
Bunny,
U are adding new material for your query.
Bunny
(Querist) 23 April 2015
Request you pls help me on this...
Rajendra K Goyal
(Expert) 23 April 2015
She was legally divorced, before proceeding for marriage the groom should have confirmed the fact independently.
Bunny
(Querist) 24 April 2015
Pls do understand my query ones again..
In the matrimony site over the internate if someone disclosed wrong information and wrong age status...if it is the offence than in that case what IPC will be applicable
Guest
(Expert) 24 April 2015
Mr. Bunny,
Your query is properly understood to be an academic query, not your real problem. In fact, you have failed to intelligently convert the language of the query in to real life leghal problem. So far, you have not stated anywhere that the existing problem is your problem with your wife.
First of all, use of the sentence, "IN CASE marriage solemnized through Matrimony site" clearly gives hint about supposition and you want the experts also to assume what you manipulate.
Secondly, your your another supposition, "in the matrimony site over the internate IF SOMEONE DISCLOSD wrong information and wrong age status...if it is the offence than in that case WHAT IPC will be applicable," is another thoughtless addition to your statement. You forgot that your initial query was about section 125 CrPC and 12 HMA, but now you are asking section for an offence of deception committed by the wife through internet.
Moreover, as a manager, what you will do with the section of the CrPC, when it is the headach of your lawyer to quote relevant sections.
About internet deception, the question arises, who restricted the bridegroom and his relatives to cverify the internet information and wrong age status?
So, your is a totally vague query.
T. Kalaiselvan, Advocate
(Expert) 01 May 2015
Even I agree with the views and observations of expert Mr. Dhingra on the subject.
