Crpc 125

@ Author,


1. Yes you are right about ref.: Sanjay Bhardwaj and Ors. Vs.. State and Anr., (Cr.M.C. No. 491/2009 decided by Delhi High Court on 27­8­2010)

Held: “there is no requirement in law for the husband to maintain his wife. For, the Court cannot tell the husband to beg, borrow, or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning".

BUT, Sanjay's case was on different footing; he after coming back to India from Congo till date is un-employed due to no job being offered to him (criminal cases being filed upon him is reason prospective employers give0 clubbed with their super litigations status. Whereas your case is that you are working and your madam is un-employed inspite of having higher qualifications / past being in working status. So what you need is a female counterpart of ex Mr. Jstc Dhingra in any of Delhi's Mahila Court and yes there is one right now in Saket Mahila Courts ! Also you need to count for child in her custody where the whole maintenance order tilts by way of super- justifications of ladyship(s).


2. I suppose the Mahila Court also quoted in its Order somethign similar like there while passing the order; J   

“Women have been subjected to violence, domestic or otherwise, throughout the pages of history ­ whether they be Helen of Troy, or Sita of Ramayana, whether they be Cassandra of Troy,  or Droupadi  of Mahabharata. Women have been easy pray  to  the male ego, and dominance. Much as the Indian Civilization pays obedience to the feminine divine, but the harsh reality remains that throughout the length and breath of this country, women are assaulted, tortured, and burnt in their daily lives. The phenomenal growth of crime against women, has attracted the attention of the international community.”

3. The Order comes under discretion by the Mahila Court under s. 125 CrPC which can be put under Revision Court views. Based on material records whose special knowledge you have you may challenge the same before a superior Court taking stay of lower Court proceedings. Also note if the award is from date of award and not from date of filing (which is highly unlikely is my view) and case is posted for advance stage proceedings wise then fast track the whole case and seek final judgment instead of approaching superior (revision) Court as the amount of time it will click there also adds into the arrears payment + expensive litigation expenses that you have to meet.

See where the Order actually stands in consultation with your advocate as both have knowledge of the materials not the forum based on your short query.

4. Bare reading your query we cannot make out “grounds” for divorce as nothing other than Order of maint. is reflecting from your query. You have to speak more on allegations be it desertion / mental cruelties incidences to get any reply on should you or you should not file divorce? Also there is no whisper in your query about any move / thought for visitation / custody of child other than refusal by mother when probably you went to her home to meet child !

1.File revision in higher court.

2.No.

3.Yes, u have good chances.

4.Not applicable in ur case.

Many thanks to you sir, would like to put forward a few more points

1. She has been working in past and has been earning decently, if i can prove/present those records will it help??

2. There has been no incident of voilence ever on my part, though i had to retaliate to protect my self, all in self defence, and than she decides to walk out of my life after making a police complaint and later withdrwaing the complain, would you advice me to bring in her mental status in the application.

3. She never cooperated with the family and supported either financialy or emotionally, would you advice that these are grounds for filing for divorce

4. As in point 3 of your reply you did mention that i run the risk of being further penalised, but in case the court considers her previous work records and her present adhoc assignments, proving her capability to earn, would you advice that these are grounds enough for the court to reconsider the quantum of maintenance

5. In past, verbal requests to meet the child were made in the courts but the court never paid attention to those requests,

6. No doubts she has played havoc in my life, causing pain and misry to my life and people associated to me, bringing in pain and agony for me in society and neigbourhood. would you advice me some more reasons i can incorporate to proceed for divorce on the grounds of dessertion and cruelty.

7. Lastly are there any forums or court instituted bodies which can compell/guide them to sign dicorcve documents, and the matter can end with an mutual understanding.

look forward to receive your valuable inputs, and thanks again for your kind guidance.

Dear Sh. Nanda, Many thanks for your concrete comments, would you like to give some additional inputs on the additional points i have put forward.

best wishes