498a and 125crpc
Sundram N
(Querist) 09 October 2012
This query is : Resolved
Dear Freinds,
kindly suggest that, wife filed case u/s 498a, 307, 323 and 3&4 dowery act making all false allegations on all family mambers. now if she filed case under section 125 for maitenance and changed some part of statement of allegation as made already in 498a then, husband can take action. she made false income of husband in 125 case and demanded 50% of total income.
kindly suuggest.
ajay sethi
(Expert) 09 October 2012
it is common practise adopted by wife to exaggerate husband income to claim higer maintenance . she may demand the moon but she wont get the moon .
contact a local lawyer . is your wife working ? if not she is entitled to maintenance . the court will pass an order considering all facts , number of dependents you have , whether any hosuing loans are payable etc
R.K Nanda
(Expert) 09 October 2012
take help of local lawyer.
Surender Kumar Sharma
(Expert) 09 October 2012
I 120% agree with senior Experts Sri Nanda and Sri Sethi, now a day wife are exploiting the husband taking the benefit of soft corner of human being and section of many more Act made for the betterment of true and genuine harassed women
V R SHROFF
(Expert) 09 October 2012
I agree with earlier comments.
Sundram N
(Querist) 10 October 2012
Dear Friend and senior,
kindly suggest that, if notice of 125 is sent to native place of the husband and father of husbnad has not received saying that his son is not stayin here in back 10 years.
in case of complaint, address of the husband mentioned as present address is out of the state of native place but if notice is issued to native place then it will be deemed to serve properly.
no any notice is issued to present address of the husbnad till now. my senior is saying that notice will be publiced in news paper in that area where is the case is filed of 125. sir, i want to know your valuable openion on that :-
1. can husbnad appear in the case of 125 where as he has not received notice till now?
2. if court is publicing notice of 125 in news paper then, it will be deemed to serve the notice to the hand of husband ?
3. what would be the best strategy for the side of husbnad that, he will not appear before the court as his anticipatory bail is pending. opposite side is making plan to make arrest if husband appear before the court.
kindly advice.
ajay sethi
(Expert) 10 October 2012
already replied to this query as the quersist has opened a new post on the same
