Deserted from 9 months and filed CrPC 125 and Dv case.

Present copies of her education to the Court while facing trial for 125 Crpc. There two conditions which need to be satisfied by her to award her interim maintenance by the Court.

a) she is unable to maintain herself

b) the husband should have refused to maintain her.

A common experience shows that u/s 125 Crpc, it is very difficult for wives to get interim maintenance.

Go through:

https://ipc498a.files.wordpress.com/2008/09/neeraj-agarwal-hma-2007.pdf

Remember, section 24 HMA judgements prevail over 125 Crpc judgements.

"Not enough food" is the most commonly cited allegation in 90% of the disgruntled women in matrimonial ligitations and this has been noticed by SC, too. Nothing to worry about it. Wife can never prove that in Court.

 

To claim maintenance from DV case, she needs to prove DV has occurred to get the judgement in her favour.

If the DV case turns out to be false, file case of criminal defamation and an application u/s 340 Crpc against her.

More judgements here

https://menrightsindia.net/2009/07/wife-denied-maintenance-since-she-had.html

 

https://menrightsindia.net/2009/07/judgment-delhi-courtno-maint-to.html

 

https://498amisuse.wordpress.com/2010/12/01/no-maintenance-us-crpc-125-if-wife-deserts-husband/

 

https://www.vakilno1.com/legal-news/maintenance-wife-deserts-husband-without-just-cause.html

 

https://www.dnaindia.com/mumbai/report-no-maintenance-if-you-ditch-spouse-sans-valid-reason-bombay-high-court-1958788

 

https://everysuffererisasaviour.blogspot.com/2014/02/list-of-more-than-100-judgements-where.html

 

All the best!

Sir,mentainance u/s 125 of CrPC is generally granted if the court satisfied that the wifeis unable to maintain herself n husband is not maintening her. In ur case question is whether she left the service just after the marriage on husband advise or after she left husband home.1st situation may goes in her favour

hello sirs.. coul you please guide me through ... can husband defend himself in RCR cases in family court..... I have filed for Divorce in Mumbai 6 months back since my wife deserted me 1 year back saying she wants to leave separately. I am the alone son of my parents and both are diabetic patients. my wife is from a well to do family . wife is a MCom with MBA but not working. she has file a RCR in PUNE family court asking 40000 as interim alimony. I have already hired a lawyer in mumbai but since two hearing she has not appeared in court. my wife family had cheated me ... she is 3 years elder to me which i came to know when i saw her documents after marriage.. i have a copy of her Driver licence, college leaving cert and aadhar card . also she was undergoing treatments for her injured back before marriage ( she slipped in bathroom ) which her family hide from us . i have proof that her treatment was ongoing before marriage . please guide me how can i defend myself in the RCR and interim maintenance case . thanks in advance ... santosh

@Santosh:  You should use your own thread to post your queries and not to post them in others thread, you will not get proper answer or opinion to your query.

Well  the grounds you have stated here are not convincing for any justification that you project from your side.  Mere elder by age by three years and had been taking treatment for back bone problem will not be termed as an act of cheating. Also this will not lead to a substantal ground for divorce or to defend yourself in the ongoing RCR case.  You have to look for the actual ground to defend.  

What about the divorce case you have filed?, what was the gorund mentioned in it? 

You interlink both the cases  by getting both transferred to a single court and pray for joint trial which will provide you with the desired results.,

@Mail123  If she has filed maintenance  and DV  case against you on some false allegations, you have o defend them properly based on the merits in your side.  The burden will lie on her to prove the allegations hence ask your lawyer to quiz her properly during cross examination  to extract the fact of falsity in her claim.  If she is not employed now, then maintenance cannot be denied to her just because she is highly qualified but not working. Try some other reason to defend yourself or to repudiate her  claim.