Is I am come under perview of u/s 125 Cr. Pc. ?
My cheated me taking all the valuable jewellery and looted me from net banking and ran away with out my knowledge as she was going as routine to her mother house leaving me deserted.
I have filed an RCR, after the judge kept the matter for experte, I took back the case feeling there no use of RCR as the court cant force her to return back. In her cross examinitation, she admitted I have came to her to take her back, but she refused.
Even she has admitted that she has left the matrimonial house on the ticket which was booked my me 15 days prior (The allegation in the application says that I was kicked her out of the house cruelly.
On only the observation that I have neglected to maintain her is the fact I have given divorce. And the maintenence amount was fixed by observing my bank balance which I produced for showing misaprotiation done by applicant by internet banking transfer by which my amount of sold property which had been given from my father after demise.
Actually income according to the judge abservation is much speculated as Rs. 30K to 40K, where as my average income is less 10K as my business is depended on power cuts as am in business of assembling UPS in a very small city where the percapita incom is also very poor.
Do you you think I am liable to pay the maintenence and the interim maintenence to even to her child from first marriage? Can I get Stay for Upper court for both final Order and for the Interim orders?