Regarding 125 crpc
Vivek
(Querist) 11 June 2014
This query is : Resolved
Hi There,
My wife filed a false allegations of dowry and asked for maintenance u/s 125 crpc in AFC. In the first stage of counselling she agreed her mistakes and wants to come back. But I insisted her to give in written about her mistakes so that she doesnt repeat and it becomes safe for me and my family.She agreed. My query is that, is there anything wrong legally by asking in written? Please oblige this query.
Thank you.
Devajyoti Barman
(Expert) 11 June 2014
Marriage subsists on mutual working out of martial relationship which is solely bases on mutual trust and faith.
Written or unwritten undertaking of anything plays no part in it.
Laxmi Kant Joshi
(Expert) 11 June 2014
Vivek if everything was right , you was right then is she mad why she had gone to the court and asked maintenance for herself , pl.don't dig the issues that who was right she or you ? forget everything don't compel her to give undertaking of her mistakes only then you will bring her back , it also comes under cruelty upon her , make your compromise and inform the counsellor accordingly that you have sort out your differences for the sake of to save your married life ,now you both don't want to take any legal action against eachother .
Sankaranarayanan
(Expert) 11 June 2014
Understanding between couple is must. Forgiveness and realize the mistake is great. So do not induce the problem again by way of action as suggested by experts. Forget all incident and lead happiest life. All the best
ajay sethi
(Expert) 11 June 2014
well as on date your wife has agreed to accept her mistakes and given it in writing . it appears she want s to stay with you . forgive her and have a happy married married life .
Vivek
(Querist) 11 June 2014
Thank you everybody. The thing is that she has done this before also and in front of local panchayat she agreed her mistakes and promised not to repeat it. Nothing was taken in written then . Me and my family and the local people forgave and forgot . Now she has done again but in written through the AFC. Even the gram Pradhan is angry about her activities. She actualy is neglecting her household duties and quarelling with everybody and running away from home. So, if her mistakes are taken in written is there any harm. Please oblige. Thank you.
Guest
(Expert) 11 June 2014
Nothing is wrong in asking for written commitment, if she has accepted her mistake.
ajay sethi
(Expert) 11 June 2014
no harm if you take her admission in writing
Rajendra K Goyal
(Expert) 11 June 2014
no harm in taking such commitment, agree with the experts.
Vivek
(Querist) 11 June 2014
I am satisfied with the answers. I thank you all for your valuable advices. Hope things go in better direction.
Thank you very much.
R.K Nanda
(Expert) 11 June 2014
no more to add.
Guest
(Expert) 11 June 2014
You are welcome.
Raj Kumar Makkad
(Expert) 11 June 2014
As the querist has already become satisfied so I also pay thanks to the experts.
Raj Kumar Makkad
(Expert) 11 June 2014
As experts have already been paid thanks, there is no such scope for me so say gud bye.
T. Kalaiselvan, Advocate
(Expert) 16 June 2014
Yes, as per the opinion of experts, the satisfied author will observe proper recourse henceforth and live a happy married life.
Vivek
(Querist) 18 June 2014
Hi Everybody,
I am sorry to say that my wife has now flatly refused to give in written and challanged to take the children from me(ten and eight yrs old)and also said to take the money for residence.
I am ready to give her maintenace but not the children.
Please advice what all things she can claim and what should I do to fight for justice.
Awaiting your perfect legal advice to counter the legal terrorism.
Thank you.
Raj Kumar Makkad
(Expert) 18 June 2014
You need to get custody of your children by filing a petition before family court of your area and your wife can also seek shared household from you apart from the amount of maintenance.
Vivek
(Querist) 19 June 2014
Thank you Mr. RK saab. If the children are not ready to go with mother then there is any need for custody. Till which age of children mother has full right.
Now what should I do to get rid of her without having much loss. Please advice. Thank you.
Raj Kumar Makkad
(Expert) 21 June 2014
If children are desirous to live with you even then the formal order of the court is required in your favour which in the given circumstances is nothing but a formality, though, your wife has every right to contest your petition.
There is no time/age limit for the custody of the child with any of the spouse. On attaining majority (18 years), children are fee to decide as per their own whims and wishes.
File the divorce petition.
T. Kalaiselvan, Advocate
(Expert) 21 June 2014
As observed rightly by expert Mr. Makkad, here is no age limit prescribed in law for child's custody with mother and then it can be transmitted to the father. The courts generally consider the very tender age of child who if in the custody of the mother will be taken care of in a very proper way than the father hence generally the courts oblige the mother with the custody up to the age of 5 or 7 years of the child. Under the given circumstances, you may not part with the children, let she file custody case, if she is not responding and continues her cruel attitude, if no alternative left, you may go for divorce against her.
Guest
(Expert) 22 June 2014
Perfectly advised by Shri Raj Kumar Makkad.
Vivek
(Querist) 25 June 2014
Thank you very much Gentlemen.
The experts advice seems to file for the divorce.
Ok, So what all losses I have to bear when I am filing it?
Will she ask for a big money or anything else also?
Secondly, I want to know, legally is it OK to call her by phone or send sms or even ask her for a personal meeting without the intervention of the lawyers? So that I can directly discuss what actully she needs. So for all the communication is through the lawyers and adviced by them not to have any communication directly which brings doubt that both lawyers are friends and want to stretch the case without we knowing the truth that what we really want.
Your expert advices are very important now
Awaiting reply. Thank you once again.
Raj Kumar Makkad
(Expert) 25 June 2014
There is no legal issue if during the pendancy of litigation both of you arrange personal meeting directly without the intervention of the lawyers.
While deciding the amount of maintenance, the income of both the parties is taken into consideration by court despite of higher side demand by wife.
