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Ramesh (student)     13 September 2014

Crpc 125 and dv act 2005

Dear Sir,                                                                                       13/09/2014

 

 

Sir I am facing the case of CRPC 125 AND DV  act at present and in CRPC 125  the maintenance to the wife has been rejected by the court but awarded for the son 9000/-

 

Judge rejected the INTERIM maintenance of wife as she is working and earning SUFFICIENTLY and not dependent on any one.

 

But in case of maintenance to son has not taken this aspect that when she is earning it should also be paid by her proportionately  as per various high court judgment  for the welfare  of child. This shows the favour of the judge.

 

THIS IS MOST CONTRADICTORY DECISION THAT ON ONE SIDE COURT IS DECIDING THAT WIFE IS WORKING NOT ELIGIBLE FOR INETRIM MANITENANCE AND ON OTHER SIDE NOT TAKING INTO ACCOUNT THIS REALITY FOR SHARING THE PROPORTINATE MAINTENANCE WITH HUSBAND FOR THE SON

 

Case is pending for final decision.

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Another is DV ACT in which the judge has rejected our discharge application of my parents and sister though they had lived only for 15 days in the year 2003 and rest of the time  ( only hardly one year wife had lived with me  out of 10 years of my marriage life and  she had lived 9 years and still living with her parents).Further my wife had lived with me because my permanent service was out of my home town and thus we lived separately  from my parents.

 

As per act AND DECISION OF HIGH COURT living should be continuously but judge has neglected and ignored this fact for favouring the wife reason best known to him and can be understand that judges in every family matters only  favours the  female

 

Kindly guide the strategy and next what step should be taken because it is true that wife do not want to live in semi urban area with her husband after leaving the metro city where her lot of near and dear one resides.

 

 

Thanking you,




Learning

 3 Replies

great india (manager)     13 September 2014

Wats the proper order in detail.... Plz specify and ur case history if u expect suggestions

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 September 2014

If you dssatisfy with lower court judgement, why do not you go for appeal in higher courts. So that justice may your side. Act in time. Why do you worry ?

Ramesh (student)     13 September 2014

Thank you sir,

Both the case is running on lower court.

CRPC 125--- ONLY INTERIM ORDER HAS BEEN PASSED.

Stage of leading our evidence will open only after closing her evidence and my lawyer told wait till final order passed and meanwhile we will highlight and also argue this contradictory interim order in the same court for consideration and also request for awarding the final order looking to her status in respect of her earning and her responsibility towards to sharing  the maintenance of child with husband and accordingly will pray for reduction of the same on account of the husband and to bear the same by wife.

DV CASE----This case is also pending for finality and in next date she has to submit her evidences to prove her allegation and thereafter our turn will start for disproving the same.

 Our Advocate suggest wait till finality decision of the lower court.

regards


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