maintenance under section 125

Querist : Anonymous (Querist) 29 March 2010 This query is : Resolved
Sir, I would like to know abt the maintenance under section 125 of CRPC. I got married on March-08. My wife is not living with me since December 08 (more than one year). She is under the misguidance of her Family. She is well qualified and did M.A ENG & Political & B.Ed from a reputed institute I made all efforts to come back social & Legal I filed a sec. 9 a comp. in Aug 09 after that they impose false allegation of dowry & DOM VOL. & filed a case of maintence under section 125 CRPC IN IT She demanded INR 25000 PM What can I do to avoid maintance . Plz suggest me.There is no issue.

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Parveen Kr. Aggarwal (Expert) 29 March 2010
It is an irony that despite being not at fault, you will have to pay maintenance to your wife because there is no taker of your averments. You can avoid payment of maintenance only if you succeed in proving that your wife is earning sufficiently to maintain her or that she is having sufficient properties from whose income she can maintain herself.

Arvind Singh Chauhan (Expert) 30 March 2010
I agree with Mr. Praveen you can avoid maintenance if you prove that your wife has no sufficient reason to leave your home or your wife is earning sufficient to maintain herself.

Raj Kumar Makkad (Expert) 30 March 2010
I do agree with both the experts.

Sukhija (Expert) 01 April 2010
File restitution of conjugal rights petition u/s 9 of Hindu Marriage Act if u r Hindu.

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