Parth Chandra (none) 07 May 2010

125Crpc & 498

Respected community members,

I, my father & brother are also facing similar cases (498,323,Dowry prohibition, 125 crpc etc) since 4 months now and my wife is threatening me to file DV against me and my family. I have few questions on the same

In the 125 CRPC my wife has asked for 25000 of maintainance (not interim but full), only two hearings has gone so far and next hearing is for evidence (from her side), She has claimed in her FIR that I was harrasing him mentally & physically with all other sort of allegation and my salary is 50000 p.m .

In my reply I have submitted loan papers of EMI (23000 p.m), my medical history and bills (as I am a heart patient and have had two open heart surgery), my father's medical bills and history and said that my father is dependent on me and I am not earning 50000 p.m my question are --

1) Can court give the final maintainance and not interim this quickly?

2) Am I supposed to produce my income or she would have to do it?

3) How much maintainance she can get in absence of my income proof and in the light of my medical condition and EMI's and other expenses (like rent) which is occuring to me.

4) She could not include my daughter's name (3 years) old in the CRPC as the daughter was with me till March-10 and she has filed section-97 to get her back which is still running. Can she add my daughter's name without result of section-97?

5) Wife and in-laws are asking for 10 lacs to be deposited on wife's name for reconcilation. Can I ask CRPC 125 court to intervine and help me in reconcilation without paying this deposit?

Moreover charge-sheet has been filed for 498 CASE. In chargesheet, IO has recorded complaints from my wife, her father,mother,brother,sister in law and one neighbour of her father without mentioning any proof and IO has mentioned that more proofs would be presented along with trial as needed. and I have few question regarding it...

6) My father's name has been removed from Chargesheet (I and my brother's names are there), Can anyone add my father's name at later stage?

7) Is the simple complaint of these people which are relatives of my wife or neighbour of my INLAWS is maintainable?

8) Can IO produce any evidence/witness at later stage?

9) Chargesheet has been filed in the last week of march in Ahmedabad Metro Megistrate court, How long can it take for trial to start and to complete?

I would really appreciate if someone can spend some time on reading these till end and enlight me with their valuable inputs.

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3 Replies

(Guest)

Answers 1) If your wife has filed interim maintenance application, court may decide that application first and then final order will be passed. 2) Your wife may file your income proof, to support her claim, you file your expenditure proofs to support your claim. 3) Order awarding maintenance solely depend upon how the proofs of expenditure are explained to court. 4) You have not explained where your child resides today,if your wife is having custody of your child, she can claim maintenance of child.5) court can not interfer in your reconcilation proceeding. 6) Once name of your father is deleted from chargesheet it cannot be added again. 7) Yes. 8) Yes, IO can give additional evidence with permission of court. 9) No, cannot asrtain time.

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Parth Chandra (none) 07 May 2010

Thanks Pallavi,

Let me reframe some of the question.

1) Wife has not filed interim but filed for full maintanance of 25000 p.m in the CRPC of her own.

2) She has not produced the income proof as she is not having that, I have submitted my expenditure proofs. In this scenario, the court would give final maintenance without asking her to provide the income details or the court would ask me to provide the details or what would happen in absence of income proof of her 25000 p.m claim.

3) Same as point 2

4) The child is currently with her but on pursis (which we gave to her in section 97 case which she filed to get the child)...she or I has not filed for any custody case. Its section 97 which she filed to get the child...Can she include child's name in CRPC before the judgement of this section-97 and considering that the child is with her on pursis?

7) If the complaint are maintainable....the onus of prooving the complaint is on them or with me in 498a and other cases?

I would really thankful if you could give answer to above reframed questions?