Can i file 345 ?
Alpesh Makkampara
(Querist) 19 August 2015
This query is : Resolved
Hello all,
My wife has filed crpc 125. Case is on argument stage. As opposite party has neither given any evidence nor proven any cruelty and allegations mentioned by her. During cross of opposite party, we have found many contradiction. We have enough evidence regarding those contradictions. Opposite party also failed to prove that i have deserted her. I have also evidence that she is telling lie.My questions are as below.
1. Can i file crpc 345 against her?
2. Though, she is unable to prove cruelty and desertion. May she get maintenance?
Thanks in advance.
SAINATH DEVALLA
(Expert) 19 August 2015
Its not U but the court has to conclude that she is lying regarding desertion.U have to submit those contradictory evidences and prove.345 crpc is of no use at this stage.She can file for maintenance and U cannot deny and have to pay if she is unemployed and without any source of income.
Rajendra K Goyal
(Expert) 20 August 2015
Well advised by the expert SAINATH DEVALLA .
