CrPC-125

To Add more we have a daughter of 2 years..

Dear Experts,

    We are living alone in delhi. I had taken my wife ti different places in India after marriage. Always done a lavish spending on her. She is alone daughter of her parents. My mother-in-law is the real trouble maker. She puts a lot of interference in our marital life. At the time of delivery of my daughter she took my wife saying i am not caring her. However i was doing her treatment in Apollo delhi, it leads to complication in delivery. I paid all the expenses, still they sent  a legal notice. Relatives came in and matter sorted out.

She dont want to go to my parental home in Aligarh. I am the lone son, so i have to take care of my parents and visit them regularly. She has a lot of problem in going to my parents home. I have a lot of work pressure and i am not able to decide what to do. She has left me just 3 months back and i tried to bring her but her parents didn't send her. I have sent 12000 in 3 months of which 5k is paid through cheque.

I would be grateful if u can help.

regards

Ahmad

 You appear in the case along with a lawyer. A wife is entitled to claim maintainance only if the husband is neglecting to maintain her.  Show the court that you never neglected to maintain her and are always ready to take care of your wife and daughter. It is your wife who have left you as she does not want to reside with your parents. Also file the proofs of the expenses you made at the hospital and the money you send her.

Agree with Archana Mam. You have to prove that You never neglected her and she left your home with her own accord.

Hi Archana,

  Thanks a lot for your response

1. Do I need to produce all the proofs on the first hearing itself,

Should i try to collect all the expenses that i did on her in last 3 years.

2. Do i need to file RCR from delhi, to trouble them or make a ground against 498a and 125

3. Can you suggest some good lawyer in Allahabad for family court.

regards

Arif

Try to gather as much evidence as you can.  Just show all the evid to your lawyer and let your lawyer decide when to produce  the evidence i.e. during the cross examination of your wife or later on.   You can file an RCR at Delhi. I live in maharashtra so I do not know any lawyer practising at Allahabad family court you'll have to find it yourself or you can even search on this forum. 

I agree with Adv Archana.

Hi Experts,

  Can anyone suggest some good lawyers in Allahabad for family court for CrPC-125

regards

Ahmad

totally agreed archana jee

Hi Experts,

  I am talking to them through a mediator and they have shown interest in compromise. But they are putting some conditions:

1. I will not force her to go to my parents house.

2. All the jewellery that she has got from me and her parents, she will keep at her parents home.

3. I will keep her happy and take care that such situation do not arise.

They are saying to put this on a Affidavit and submit in court.

What you suggest? should i agree to above or not.

As the behaviour and intentions are not good as they used to threaten for dowry case. What measures should i take if i continue with this?

Also should i appear on the first hearing or ask my lawyer to attend that. Summon is received by parents in Aligarh not by me in Delhi.

thanks in advance!

regards

Arif

 Don't accept any allegations and do not write any promises which would give an impression that you illtreated her.

Ahmed,

Do not bow to the demands. I would suggest you to fight the case and she has to show the reasonable cause for staying separately from you. The interim maintenance will be granted for your daughter, but will not be granted for your wifeif you show to the court that you are already maintaining her and she has come with unclean hands. This is sufficient. Dont worry about the dowry allegations and just deny the same in the maintenance petition.

Thanks Archana & Hardik.

regards

Ahmad

Hi Archana/Hardhik,

    If the 125 continues, what measures should i take to have a minimum maintenance fixed. Can i take some personal loan or a mutual fund or open a R.D account.

What measures should i take to safeguard from 498a and other cases.

regards

Ahmad