125 maintanence by my wife, what to do??

Dear Amit,

In the worst possible situation if you have received the notice and you don’t appear before the court than,

1.       If your wife has prayed for any interim/ex parte relief then that can be granted in her favour.

2.       The court may reissue notice to you and adjourn the matter.

This can be even more worst, it may also affect your job or career as she can file various other applications under DV Act praying for maintenance, where in the quantum can be much more higher than what she could claim under the provisions of Cr.P.C.

Where are you residing right now? Was she a resident of Delhi before marriage and that's why she has filed the case u/s 125 Cr.P.C. in Delhi?

I'm sure you realize that we need a lot more information to guide you correctly. But going by what you mentioned, no matter what, you should appear on the date when the case u/s 125 Cr.P.C. is listed. Not appearing will only go against you and the judge might think that your wife's case is right and that's why you are not appearing. The judge might also go ahead with the case without listening to your side of the story and may pass the order exparte.

If you do not appear than the judge will pass an exparte order . You are like a lame duck as there is nobody to oppose her .she would ask for a huge amount as maintanence wherein in your are nethier contesting the case . Say tomorrow her exparte order gets passed at Rs 50,000 per month .Than when you file an appeal to lower down the maintanence and for it to be accepted they w ould tell you to first clear 50 % of the maintanence amount which is due. 

@ Biswajit Kumar Patra ji,  if i do not agree to pay, so can a warrant be issued against me? how this can affect my family mean my and my dad's career, because he is also working he has govt job. and i work with a private company.

Dear Amit,

As per section 125(3) C.R.P.C. if you don’t comply with the order of maintenance then warrant can be issued against the person(s) against whome such maintainance order is passed. Section 125 (3) reads as follows:

“….If any Person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made….”

In your query you had asked about your career and had not asked anything about your father. Irrespective of anything it is pertinent to inform you that if a person is arrested then neither the private company nor the Govt. offices allow such person to continue job/service on the basis of their conduct rules.

Biswajit Kumar Patra

Advocate

9910193233

If you dont compily with the order of maintanence  

1. you would be jailed so do you want to go to jail .

2. Your property would be attached so do you want to lose your property 

3. if you are working for a private company the court can direct your company to deduct so and so amount from your salary and pay it directly to your wife .

So appear and contest the case or else you would be at the receiving end and she would not be the one frustated but you would get frustated. You may not like my words but this is reality :-)