How to escape from 125 crpc maintenance
Narendra
(Querist) 23 November 2013
This query is : Resolved
My wife filed 125 crpc maintenance against me just to extract money, hardly she had stayed with me for 10-15 days after marriage .then she has filed 498a-we have taken bailed, yet chargesheet has not came from family court since 1 and half year. she is working woman nursing staff in hospital.
So please help me how to escape and cancel the maintenence
Dr J C Vashista
(Expert) 24 November 2013
1. Collect evidence of her income sources and intentional desertion, prove them, she is not entitled for maintenance.
2. 125 Cr. PC case is independent fROM 498A IPC
Nadeem Qureshi
(Expert) 24 November 2013
prove before the court that she is able to maintain herself.
R.K Nanda
(Expert) 24 November 2013
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 24 November 2013
As per law, if the petitioner is proved to be able to maintain themselves and have sufficient sources of income to support their life style/maintenance, the court may dismiss the petition but onus to prove the same will lie on the respondent.
prabhakar singh
(Expert) 24 November 2013
One unable with no means to maintain can have a verdict of maintenance would be my answer.
Just prove her employment is my answer if your salary is is not two fold of hers'would be my answer.
Narendra
(Querist) 24 November 2013
Thanks to all.
But she has specified that she is nursing student.she is getting stipend of Rs 5000-10000/month. But she has specified in the case as she is unemployed.
T. Kalaiselvan, Advocate
(Expert) 24 November 2013
A student's stipendary allowance cannot be construed as her salary income because she is not employed and this allowance is provided as an assistance for her education purpose, what about an amount to meet her basic needs and day to day essential expenses?
Rajendra K Goyal
(Expert) 25 November 2013
Student's stipend is not her salary, it is not counted while arriving at the maintenance decision.
Narendra
(Querist) 28 November 2013
Thanks to all... and how to escape from 498a as since 1-1 1/2 yr. chargesheet has not been yet filed.
Dr J C Vashista
(Expert) 29 November 2013
Till date, I think it is your apprehension and unnecessary loss of mental peace/tension regarding filing/escape from 498A IPC Case. Relax.
Let the case be filed, before hand nothing can be advised.
