125 crpc
petchimuthu
(Querist) 25 July 2012
This query is : Resolved
Hi
I am working in a software company. I got married on Sep 2009 and my wife is working in govt office and earning more than 20000/-per month. From date of my marriage I was living with my wife along with her parents. Whenever I asked my wife for separate residence she refused to come with me and her parents also not allowed for separate residence. She got delivered a baby boy on dec 2011.Again I asked for separate residence to my wife on Jan 2012 she refused to come. So I left from that house on Jan 2012.i have contacted multiple times over phone but she didn’t pickup. So I have sent register post to my wife for asking separate residence. But no reply from my wife hence I have filed the RCR on Jun 2012. After receiving RCR court letter she has filed 125 crpc cases. Now I brought new house which is near to her parent’s house for separate residence. I would like to know family court will issue the order for interim maintains.
Regards,
Ganesh.
petchimuthu
(Querist) 25 July 2012
In addion every month I have transfer RS3000/- to my wife account since jan 2012.
petchimuthu
(Querist) 25 July 2012
Hi
I am working in a software company. I got married on Sep 2009 and my wife is working in govt office and earning more than 20000/-per month. From date of my marriage I was living with my wife along with her parents. Whenever I asked my wife for separate residence she refused to come with me and her parents also not allowed for separate residence. She got delivered a baby boy on dec 2011.Again I asked for separate residence to my wife on Jan 2012 she refused to come. So I left from that house on Jan 2012.i have contacted multiple times over phone but she didn’t pickup. So I have sent register post to my wife for asking separate residence. But no reply from my wife hence I have filed the RCR on Jun 2012. After receiving RCR court letter she has filed 125 crpc cases. Now I brought new house which is near to her parent’s house for separate residence And I am ready to live with my wife in my home.Every month I have transfer RS3000/- to my wife account for my child since jan 2012.What I will do in 125 CRPC whether i will file the counter or i will ask for counciling. I would like to know family court will issue the order for interim maintains.
Regards,
Ganesh.
M.Sheik Mohammed Ali
(Expert) 25 July 2012
No need to provide to maintenance when you are deposing monthly no need, but you have all the proof, you continue your RCR case at the time of trial or counselling you must open you eagerness to separation.
Nadeem Qureshi
(Expert) 26 July 2012
Dear Querist
she can not claim maintenance from you due to her job, according to section 125 Cr.PC if the wife is unable to maintain herself, she can claim maintenance but if she is able to maintain herself, she have no right to claim.
you continue with your RCR.
Feel Free to Call
M V Gupta
(Expert) 26 July 2012
Apart from the legal actions taken, u have to consider why your wife is not willing to have separate marital home. Is her parents maintenance or their dependence on her income is the reason? Try to find out and sort out the issue amicably in order to save the marriage.
petchimuthu
(Querist) 30 July 2012
Thanks for your input.
petchimuthu
(Querist) 28 August 2012
For above 125 crpc case I have got enough proof for my wife earnings (Rs20000) by RTI. I have filed the counter for the same and asked for the mediation.
But last time that is when i was filed the counter my wife was purposely absent (Because she knows i am having enough proof of her salary and she want to delay the case).
I would like to know how many times she can absent for 125 case?
If she will not come for mediation day what will be my next step?
How long it will take to finish this case?
Can I apply for visitation rights for my child (only 9 months)?
ajay sethi
(Expert) 28 August 2012
you can apply for visitation rights for your child
if she remains continously absent draw attention of the court to said fact . court will pass appropriate orders .
disposal of case depends upon pendency of cases in court
