john (na) 21 November 2013

125crpc, DV +appeal, divorce

hi all, i have question abt above thing. my marriage happened 2012. but she is not interested marriage life. she abscond after two months and stayed with her relation home and filed police complaints against me and my parents and unidentified person. as usual dowry cases but cm cell only filed cr copy. afterthat she filed 125 crpc. this case still pending court. asking evidence. meanwhile, she filed DV sec 23(19/ 20) and court ordered 3000 for monthly maintaience. and court clearly said no documents and evidence not provided for petitioner side. now i going for appeal. what happean for 125 crpc? shall i apply for divorce? ( cruetly and additional ground desertion.) and also put defamation suit her? here after i cannot go for court. shall i give POA to my father. thanks for advance john

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(Guest)

Going for appeal in Sessions court for setting aside of interim maintenance of 3000 and also asking for dismissal of the DV case based on merits of the case should be first priority. Under 125 crpc, depending on how mch you earn and how mch your wife earns some alimony will be fixed. If your wife is not working at all, then 1/3rd of your take home income will be fixed as alimony, that too if you file objections to 125 crpc in time, that is the way it will work out for you.

If you want to apply for divorce, apply for divorce based on desertion and also mental curelty and harrasment as your wife has file false DV case on you.

Filing of defemation case you will have to wait until you come out clean from DV case.

Yes you can give power of attorney to your dad.

Under what all sections has your wife filed DV case ? Please come out with this answer for better guidance.

john (na) 21 November 2013

thanks helping hand.. sec 12(1) 18, 19, 20, 22 for main petition. but again she m.p petition 23 r/w (19 and 20). they not ready to argue main petition and asked magistrate to argue only m.p petition. finally mm passed interim maintenance. what is this exactly? and everything is false and only money motive.