Srinivas (Advocate) 28 May 2014

Case laws in favor of husband in crpc 125

Respected members,

Kindly suggest if any case law for the following case

It's a Crpc 125...

1. Wife in her petition stated that her father given 1 acre agriculture land and the same was registered as a gift deed.

2. She also claimed that the marriage is not consummated.

3. She also stated that the respondent husband is working and doing business and earning 1 lakh per month ... But it is totally false and he is an unemployee

According to the current financial position the husband is doing education and he is not holding any property , where as wife admitted in her petition that an agriculture land was given by her father... Kindly suggest me if any case laws available to defend husband case..

Regards

Partha..

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2 Replies

Laxmi Kant Joshi (Advocate ) 28 May 2014

Partha let her prove the allegation you keep all the counter with you , when you get chance then prove all the allegation are false . if she had accepted in her petition that the marriage is not consummated then file a fresh case u/s 12 of HMA for voidable of your marriage on the ground of non consummate of your marriage.

Srinivas (Advocate) 28 May 2014

Joshi Sir

thanks for your valuable suggestion, the husband first filed divorce petition U/s 12, later she filed 498a, DVC, Crpc 125.. Where as my question is she admitted that her father gifted 1acre agriculture land, can we take It as a plea that she is having means better Then her unemployed husband?

Regards

Partha..