125 crpc
Mohd. Khalid Quraishi
(Querist) 20 July 2013
This query is : Resolved
Hi.........,
sir actually my wife and her parents filed a false case of 498a,307.,3/4 DP act Etc.on 19 oct. 2011 against me and my old age parents.
then next day she filed 125 crpc and domestic violence case. my parents and i got bailed out not to going into jail for a second on 23 nov. 2012. the 498a case has not been charged it is in the trail court. on 11 july the magistrate accepted of 125 crpc and domestic violence and gave date for WS on 25th july. sir i am muslim and i want to know that i am not a qualified teacher but she said said in 125 crpc i am graduate and i am earning Rs. 50,000 per month in my own private institute teaching student but it's not so. my old age parents and i have been harassed by my wife and my in laws she was happy with me but in the influence of her brother in law she has done all these thing against my family and me she and her family wants divorce just but i said to them i can give you maintenance but not divorce 'coz i have not done such a mistake that i should divorce. recently i have taken the exams of +2 'coz i did high school just in 1993 and now recently passed +2 from NIOS in 2012 by which in the court when i surrendered before court submitted my exam card and got bailed out. sir at any cost i don't wanna divorce her even i should be killed by them so i want to ask max. how much i can have to give her maintenance and what should i should do against 125 crpc and DV so that i shuldn't give a single penny to her. i have no property but my father has house property and mother has 1 Bigha land
i have my bank account in which the will be around 1 lac Rs. sir please guide me thanking you
ajay sethi
(Expert) 20 July 2013
since your wife does not want to stay with you better agree for divorce by mutual consent . insist that she with draws all the cases filed by her .
in your WS deny her allegations that you are a graduate and earning Rs 50,000 a month . furnish your I Tax returns in support of your income statement . contact a local lawyer . the maintenance you would have to pay would depend upon your income
prabhakar singh
(Expert) 20 July 2013
When you are a Muslim you do not need any petition to file for a divorce.
But the question is you do not want to divorce her at any cost.
No body then can force you to divorce her but it is also equally true that you can not force her to live with you against her wishes.
maintenance is however her right which you can not deny.
Quantum depends on your earning.Her suggestion of your earning 50k per month
is apparently false viewing your education and profession of private tuition.
However you need to contest all cases.
I think you are a non filer of I T returns as your income must hopefully be below exemption.
She can not claim your father's or mother's property.
