Wife send judicial notice of crpc 125
souren ghosh
(Querist) 04 February 2015
This query is : Resolved
My wife left for her maternal house with my daughter in april 2013 following some feud and wrangle and i slaped her. From then i had sent her money @rs 6500/- per month till april 2014. i also paid the school fees till november 2014 @ rs 2500/- per month. i tried my best effort to reconcile. i wrote several letters to her to come back. i had been to her house thrice where she has shut the door on my face. i had gone to see my daughter in school thrice and she illtreated me. in november2014 i sent my father along with 4 elder member of my family for reconcilliation thinking about my daughter, but she illtreated them also. Her only point is that i should supply the money and she is not going to stay with me under one roof.she is not even allowing me to see my daughter in out side also. being totally dejected i stopped my daughters scool fees also from november2014. now she has sent me the notice in february 2015 under CRPC 125 asking for a crazy money @40000/- per month. i donot have that income infact. i am quite perplexed what she wants from me . if money is the point the should have released me . she has not sent me any divorce notice. please guide me before i procced to the local lawyer.
ajay sethi
(Expert) 04 February 2015
what is your income? is your wife working or not?
if your wife is working she is not entitled to maintenance . if she is not working
you are liable to pay maintenance for your wife and child .
if your wife refuses to permit you to meet the child seek custody of the child court will award you visitation rights .
Devajyoti Barman
(Expert) 04 February 2015
1. If she has not filed divorce that doe snot mean you can seek the same. if you so want then file suit cuit.
2. In the 125 crpc case present your salary. The court awards maintenance taking into consideration of income of husband only and not the basis of surmise and conjecture.
Rajendra K Goyal
(Expert) 04 February 2015
You may reply the notice.
Meanwhile answer the questions raised by the expert ajay sethi.
T. Kalaiselvan, Advocate
(Expert) 07 February 2015
You have to give a reply to the legal notice. You may file a child custody case along with an application for visitation rights as an interim measure.
souren ghosh
(Querist) 09 February 2015
as directed by you i will reply the notice and fight the case.
meanwhile can i file a case for the restitution of conjugal rights ?
since my wife is not allowing me to meet my daughter can i file the case for the custody of the child without divorce suit.
souren ghosh
(Querist) 17 August 2015
dear sir,
Two no of hearings have been made in my crpc 125 case till now. next date is 10/09/2015. since January'2015 i am jobless and i have mentioned that in my answer to the maintenance petition of my wife. My lawyer is saying that possibly an interim maintenance order would be awarded to my wife in the coming hearing.
what would be the amount of interim maintenance?
right now what should i do?
Go for RCR or file divorce on the ground of cruelty and desertion.
i am under severe mental pressure. Actually i have lost my job because of non performance due to mental tension.
please help me.
