Wife has filed crpc 125 and not appearing in court
YASH
(Querist) 08 December 2012
This query is : Resolved
Hello Sir I am resident of mumbai and i got married in 2005 and have a child age 7. I married in bhavnagar city since my wife belong from that city. Since last 2 years (25months) we have been separated and child is with her. We tried all our ways to persuade my wife but she is not willing to come back nor she is giving divorce. Inlaws filed CRPC 125 in Bhavnagar Sessions court. I replied her petition by telling her to come back I also stated that my salary what she has stated of 125000 is totally wrong and misleading . My actual salary is 27000 and i have my parents dependent on me who are senior citizens. My wife is not appearing in court since last 4 hearings as court has called her for( zubani)to speak for maintenance. Please advise what should i do in this context if she keeps on avoiding court . Should i file divorce in Mumbai or bhavnagar or wait for this case to get over and then go ahead. On what basis i file divorce and which place would be more effective Mumbai or Bhavnagar.I am totally frustrated and mentally harassed since last 2 years and unable to stay in such condition. Its affecting my life job and career and want a solution from this. Please help
prabhakar singh
(Expert) 08 December 2012
First of all accept what is before you as it is without any frustration.Disposal in life takes as per GOD's wish and beyond human control.
You can file Divorce at either place but in last her say shall prevail so better choose the place where she is residing.
When you earn only 27k you must be having proof thereof so her allegation in this regard can be encountered by you by documentary evidence.You must have stated before the court in your written objection to her application that you earn only 20k and besides her you are under liability to maintain your parents too.
If she is not turning up to the court,make a request to dismiss her application for want of non prosecution.
Devajyoti Barman
(Expert) 08 December 2012
You can file divorce suit on the ground of cruelty and desertion.
Wit till she appears in the 125 case. If you have proof of your salary then the court would be bound to consider the same at the time of fixing the amount of maintenance.
Since no 498A case is filed as yet I would advise you to make efforts for reconciliation with her,
ajay sethi
(Expert) 08 December 2012
you have not mentioned whether your wife is working or not . if she is working and you have proof she wont get maintenance . you have to mention your actual salary . submit proof of your salry slip . court will then pass accordingly .
if your wife has deserted you more than 2 years back you can file for divorce on grounds of cruelty and desertion .
maybe she will come to her senses and then agree for divorce by mutual consent . if you want her back file for RCR
Raj Kumar Makkad
(Expert) 08 December 2012
Nothing seems to be added more as the same shall confuse you more.
V R SHROFF
(Expert) 08 December 2012
I AGREE WITH SHRI BARMAN "Since no 498A case is filed as yet I would advise you to make efforts for reconciliation with her,"
I AGREE WITH SHRI PRABHAKARJI" If she is not turning up to the court,make a request to dismiss her application for want of non prosecution."
Find out the reason for her leaving you :
Try to listen what she has to say:
Inform Court, u r ready and willing to take her back:
If at all it don't solve ur problem, file Divorce Petition in Bhavnagar, where she reside.
You can file Div in Mumbai, but it will be trf to where she reside, and u waste money and a year or two in trf of case.
If u file RCR in Mumbai, it will be heard in Mumbai, but she will ask travelling expenses. It is better to file RCR in ur case to support your Divorce Petition.
Let all 3 cases continue together.
V R SHROFF
(Expert) 08 December 2012
Earlier I advised you "No fight
Try to settle. look at your 6 yrs son."
This is your over 7th Query for samE cause.
AND ASKING HERE FOR LAST One and a half YEARS
NOW BETTER TAKE ACTION. 6month separation had crossed 2 years : Act now.
