Crpc 125 maintenance help

If you are not earning currently then their should be no maintenance. But court might get idea that you have not been forthcoming about your income in the past and may take a decision based on that. Do you have any property in your name?

1. Are you ready to live with her? - Yes

2. Can she prove her allegation - No

3. Have you divorced her - No

4. Do you have any kids living with her - No

 

If answers to above questions are what I have mentioned then Final Order in crpc 125 should not go against you.

 

However the fact that you have been covicted in 498a and are in appeal is sufficient to grant her interim maintenance till the trial is over.

 

You can go through judgements on crpc 125 available @ https://www.lawyersclubindia.com/forum/Re-Judgement-helping-innocent-husbands-24586.asp to know more about the law.

 

 

Regards,

PC

Dear Mirag

 

Thanks for the quick reply. I dont have any property on my name.But have debts of around 8 Lakhs which i have taken for the marriage and other medical expenses.But they have written the same story like i haev many shops, houses and out of all those my montly iincome is more than 2 lakhs and she need 25% of it i.e 50K.

 

Without giving a single chance, ex-parte was passed for 15K i have challenged that in the district sessions court and got the stay for the same.

I have lot of burdens of my parents and medical expenses for self and aged parents.

It all depends on how well you are able to project your case. If you have no income and no property then even if you are asked to pay any maintenance by the court you can always ask for revision in same our higher court. Btw can you get a zero income statement from any CA and submit in court. It would really help your case of maintenance.

Dear Friend Victim

no need to worry about the maintinance, when she is able to maintain herself then the maintinance petition is not maintanable.

feel free to call me on 9953809956

Repeated query, alrealy replied in another section.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Originally posted by :Nadeem Qureshi
"	Dear Friend Victim no need to worry about the maintinance, when she is able to maintain herself then the maintinance petition is not maintanable. feel free to call me on 9953809956	"

Nadeem sir, u always write  feel free to call me on 9953809956.

 

I just wanted to know do you give legal advice for free..?

 

mt friend is a muslim boy married with a girl two years before, she is from maharashtra.  they have a small kid as of now.  since few months  she has been torturing my friend mentally by the fear of police and other mental stress.  It is clear that she is not interested in the marital life with him.  this dispute arose to the highest level and my friend has divorced her few days back in witness of thier religious heads and other family members.  Now she has filed case under sec.498a in andhra pradesh and under sec 3 od domestic voilence and sec 125 of cr pc for maintainance in maharashtra court.

 

advice me

What advise you need.

 

If talaaq ws proper, she can not file 498-a. However DV and 125 would need to be fought on merits.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

If wife says no to divorce and she wants to stay with you, then can she still file crpc125? Is it not for permanent alimony that the wife also wants divorce?

i need to know whether she can file two cases in two different states? i am aware that we can file two different cases on different subject matter in two different jurisdictional areas,but as par I know a muslim woman cannot file 498a DV and 125 crpc after husbands gives her divorce before the religious heads.  in fact the husband once agreed to live marital life with her but she denied henceforth.Could you plz let me know how the case will go ahead and on which merits DV and 125crpc will be fought when there is already a case has been filed in other court?

There is misconception about talaaq.

 

Prnouncement of Talaaq and its knowledge to wife is two diffirent things.

 

As long as wife is not in knowledge of talaaq, it is not a proper talaaq.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com