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CA GOUTAM CHHAJER (MANAGER ACCOUNTS)     13 July 2017

Crpc 125 and 498a

i married in august 2014 and baby born in December 2015 n January 2015 i had an accident while traveling in train result of which i am unable to walk and become physically handicapped. my wife after child birth in December 2015 started misbehaving threatening me for money left home in June 2016 and demanding rs, 25 laces and child monthly maintenance and share in property. since i cannot do job now after accident and in-spite of aware of that i didn't have any money she filled false 498a against me and my family in January 2017. my all family members name are removed by the police in their report . i got anticipatory bail and first date of hearing is in June 2017. I SOMEHOE RESUME THE JON IN JUNE END AND THE FIRST WEEK OF JULY 2017 SHE FILEED CRPC 125 I DIDNOT RECEIVED ANY SALARY FROM LAST 7 MONTHS AND HAVING THE LOAN FROM MY EMPLOYER AND MY SISTER FOR TREATMENT OF MY HIP DISEASE.. CCAN THE SAME WILL BE CONSIDER WHILE ORDERING MAINTENACE?/ CAN I FILED CASE OF DIVORCE BEFORE MAINTENANCE APPLICATION PROCEED?/ SHE filled maintenance case at near by court to her reside , if i file diovrce near to my place of my marriage can maintenance case will be cluubed wiht my case or she can transfer to her place??/ i earn 66000 pm net and having 200000 employer loan 10000 rent 300000 sister loan household expenses 20000 my mother and father both need kneed replacement for which 1200000 rs. will be required?? how much maintenance can court will grant?


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 3 Replies

Arjun Kohli   13 July 2017

Your situation is materially impacted given your own medical expenses, etc. You can definitely make it a valid ground of Circumstancial inability on your end to provide the same and further contest as to how your wife left you within an year of your accident and highlight how she failed to perform her role in the marriage after you encountered such a severe injury. The Court should give adequate consideration to these.

And yes, you can file a Divorce case and then plead to get the both clubbed at the area of your convenience on account of your medical issue due to which it is difficult for you to attend the court in her area.

Kumar Doab (FIN)     13 July 2017

Prove cruelty..................

CA GOUTAM CHHAJER (MANAGER ACCOUNTS)     02 August 2017

Dear Legal Experts, 

 in the belowmentioned case summary my lawyer suggested me to file RCR u/s 9 .

 

is it benficial to file RCR after 498a and maintenance

 

i married in august 2014 and baby born in December 2015 n January 2015 i had an accident while traveling in train result of which i am unable to walk and become physically handicapped. my wife after child birth in December 2015 started misbehaving threatening me for money left home in June 2016 and demanding rs, 25 laces and child monthly maintenance and share in property. since i cannot do job now after accident and in-spite of aware of that i didn't have any money she filled false 498a against me and my family in January 2017. my all family members name are removed by the police in their report . i got anticipatory bail and first date of hearing is in June 2017. I SOMEHOE RESUME THE JON IN JUNE END AND THE FIRST WEEK OF JULY 2017 SHE FILEED CRPC 125 I DIDNOT RECEIVED ANY SALARY FROM LAST 7 MONTHS AND HAVING THE LOAN FROM MY EMPLOYER AND MY SISTER FOR TREATMENT OF MY HIP DISEASE.. CCAN THE SAME WILL BE CONSIDER WHILE ORDERING MAINTENACE?/ CAN I FILED CASE OF DIVORCE BEFORE MAINTENANCE APPLICATION PROCEED?/ SHE filled maintenance case at near by court to her reside , if i file diovrce near to my place of my marriage can maintenance case will be cluubed wiht my case or she can transfer to her place??/ i earn 66000 pm net and having 200000 employer loan 10000 rent 300000 sister loan household expenses 20000 my mother and father both need kneed replacement for which 1200000 rs. will be required?? how much maintenance can court will grant?

Read more at: https://www.lawyersclubindia.com/forum/Crpc-125-and-498a-151711.asp


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