Does CrPC-125 section applicable...?

Hi All,

Do not take the things in personal way.... if some body criticise comment try to defend it with cool words and finally see that request is answered properly.

Coming back to original question:

Somebody said even after divorce also wife is entitled to get maintenacne under section 125 CrPC. I too agree with this if the situation is like: wife was neglected by the husband and wife or husband might have filed divorce and got divorce. Then it is correct that what ever maintenacne wife was getting the maintencne before divroce that is under section 125 may continue.

Or else, if wife was treated cruelty and she proved in CrPC-125 then also court grant maintencne till she files divorce. Once divorce is filed by the wife or husband then court shuld decide maintencne in divorce considering the maintencne that wife is getting from CrPC-125 section and proceeds further...

My question is totally different. I repeat here once again:

" Wife do not want to live with husband and wife alleged that husband is cruel hence do not want to live with husband. Whereas husband says he is not crule and inviting wife to come and join to lead family life and make family. Since more than 2 years husband and wife are living seperately."

Here wife do not want to live with husband. Husband wants wife. the unanswered part of my question is:

Does CrPC-125 is applicable to wife to claim maintenence considering that her version is tru that husband is cruel. I see that CrPC-125 is not applicable because, wife is feeling that husband is cruel and do not want to live with husbnad. This is happenning since 2 years. In this circumstances it is sure that wife do not want to live with husband. Also under 125[4] CrPC wife has sufficient reason to live seperately from husband i.e., cruelty, which is need to be proved durign the courcce of trial. But prima facie wife has to prove why wife did not file divorce and get maintenance under HMA section and have future life with some one. How long wife can live with seperately from husband just by saying that husband is cruel.

Considering that husband is cruel that is proved by wife, then she will get maintencne in divroce proceedings also along with divroce.

Unless otherwise, if wife wants a criminal as her husband she won't file the divroce and get maintencne from husband ... does it acceptable this status to any Indian Women as per Grear Indian Women...?

Can I see the statements form different angle which have bearing on the  disposal case by uncovering the actual intention of spouses involved.

I see that: As per wife, husband is cruel and feeling the damger to live with him and also not interested to live with him while husband is expressing williness to live with her.

1. Wife is justifying her reasons for staying away from her husband and has been treating him poorly by saying husband is cruel and she does not intend to stay with him.
2. Husband does not want to break the marital bond and says he wants to live with her.He is also fear ful due to 498.
3. Wife is playing the victim role and is exploiting the emotion of the husbnad (his desire to continue with the relationship ) by being aggressive in relationship leaving him and staying separately and filling the 498.She is actually the aggressive partner in relationship
4. If during this intervening period husband has made attempts to apease reconcile and bring back his wife either himself/ or through elders in his family and has been supporting his wife financially in some way or other or some pretext or other like sending gifts/chequeson her birthdays/marriage anniversary day and has evidence to same then it will be clearly evident in the court who is the errant partner.
5. Case make take U turn if husband who has intention to continue the relationship has been honest smart and loving.
6. Errant spouse will have lot of difficulty in getting maintenance if one is kind with wisdom(husband)

Aflatoon Dash,

Why should husband send gift/cheques to wife who already has filed 498a/125 crpc against husband and family and shouting in and out court that my husband is cruel and she does not want to live with him but wants maintenance !

The question asked by the writer is simple (Which I also asked many a times but could not get clear/cut answer)

If the husband says in crpc 125 court by means of affidavit and verbally that he wants to keep wife (but don't file RCR as he don't want to attend more courts because of job issues) and on the other hand in same very crpc 125 court wife says husband is cruel by means of affidavit and family witnesses and asks for maintenance then...

1) DO COURT ALLOW FINAL MAINTENANCE IN ABSENCE OF CELAR PROOF OF CRUELTY?

On the other hand wife don't want to give divorce to husband and neither wants to rejoin (perhaps in the hope that doing criminal cases and asking for maintenace without giving divorce would pressurise husband and his family extremely and they would bow down on their knees and give huge money as settlement) then...
1) DON'T COURT CONSIDER THAT WIFE DID NOT FILE FOR DIVORCE AGAINST ALLEGEDLY CRUEL HUSBAND AND NEGTHER JOINING BACK WITHOUT PROOVING ANYTHING AND HENCE SHOULD NOT GET MAINTENANCE AS HUSBAND IS READY TO KEEP HER?
2) DO THE HUSBAND STILL NEED TO SHOW THE COURT THAT HE WAS SENDING GIFTS/CHEQUES TO WIFE WHO IS COMFORTABLY LYING IN HER FATHER'S HOUSE? THEN WHY BECAUSE HUSBAND SHOULD MAINTAIN WIFE ONLY IF WIFE ALSO IS PERFORMING HER DUTIES ISN'T IT?
 

Hi PC,

If husband hears from police that husband is cruel and is criminal to be put in jail as per wife then certainly husband to stop calling wife for not to get any further higher grade certificates from dishonest wife.

Also while wife is alleging that husband is cruel and if husband calls her back then it is like husband is trying to further harass the wife by legal menas. Also if wife files 498A on husband and entire family then it is expected that wife files divorce on the gound of cruelty ...and is sure that wife will not return in any case being either one of the party will go to jail (on roving 498A husband will go to jail else wife and witnesses).

In any circumstances no chance to lead life together, they why to secure the marriage.

Freind PC.

1. I said if during the intervening period of separation of two years husbnad has been honest with his intensions of saving his marriage and has attempted to apease and reconcile the separated spouse by sending cheques ,gifts and financial asiistance then The cruelity of the wife gets straight awy  disapproved .Abser or cruel husbands dont send money to spouse they are highly self cantered.I never suggest that you bite a mad dog .I ensure safty against  by gradually collecting the evidence of  attempts to save  marraige by telephone calls.registered letters sending cheques,sending cards,sending gifts.
2. Cruelity cases will not stand if such evidence in favour of husband  are present even post separation and so also DV Caase will be weakened.
3. Look no body actually knows what happens between husband and wife just before separation.These spouse act tough but majority just dont give divorce.Its a collaberrative evidence through letters /drafts/phone call bill/gifts you counter her false allegestions.
4. She was immature she iled DV she had stupid relatives to advise but if you are calm and well intentioned then Truth will come out with flying colors.
5. Wife who cannot prove cruelity will not get maintenance .there are several judement.

Aflatoon

Dear Aflatoon,

Your point is well taken but....

1) In almost every 498a-bail condition, the judge mention that husband should not try to pressurise/harrase wife during bail period - Now if husband tries to call wife or his family tries to meet wife - The same wife who send all of them behind the bars one may complain to court saying that 498a accused have violeted the bail condition and threatened us.

2) Why should husband send gift/cards/cheque to wife if she has deserted him without any proof!?!?!? Husband is ready to take her back and asking in-front of court that he is ready to take her back even if she has filed cruelty cases against his entire family and also ready to put it in writting that he has treated her wife well and in past and assures the court to treat her well in future as well........WHAT MORE DO YOU WANT FOR A HUSBAND WHO IS SUFFERING FROM VARIOUS CRIMINAL CASES PARTICULARLY AGAINST HIS POOR PARENTS AND RELATIVES AND STILL READY TO TAKE WIFE BACK.......

3) By sending Gift/chques if the wife agrees then it means she is behind money only and would do the same thing again if because of some reason husband could not present gifts after reunion say on her b'day!!!!! what kind of logic is this?

4) It should be the responsibility of the wife to clearly proove grounds particularly when there is no neglegence (as husband is ready to take her back)....

5) The clause unable to maintain is also most of the time gets ignored......Do you think a wife who was earning well (say 7-5 K) prior to marraige and left the job after marraige on her own without any force is unable to maintain her-self now.......How does marraige made her unable to maintain her self?!?!?!?

6) Why courts are still giving maintenance to wife (qualified/unqualified) as no wife is unable to maintain her-self as long as she is not physically challanged.......We all see how even animals maintain themselves then how can a human can't maintain herself!!!!!!...Why courts are not giving any clear directions on this?????

aflatoon dash,

Wife filed the 498A then also if husband is invitign her back hoping that if wife comes back then she realise the kindness of the husaband the mistake that she has done.

If again husband do something to her then always she can file 498A again and she can leave house at anytime.

But if wife has openion that she never want to come back ...then let her go with someone whom she like or may like.

Dear PC and Siv,

1. My whole approach and advise is based on one simple fact .You control the health of relationship from your side as long as possible.By this I mean I will not allow YOUR emotiions , YOUR health YOUR feelings and actions deteriorate to AFFECT your vision ,reasoning and logic...I believe that my elders and my wellwishers will also see the things I believe.Till the DV case is not filled there are lot of oppertunity to negate the negative actions of your wife yourself.After DV is filled then I agree that opprertuniites start closing But well respected common well wishers and aquintance of the family can play a  role.
2. I advise not to prescipitate any wrong actions due to mistrust and apprehension when spouse separates But By that I never mean you dont fight back.You have every right to counter her moves .But dont counter attck till you think of saving the marriage and wanting to continue from yourside.
3. By sending support system though drafts or gifts never means wife accepts it .Most likely she is going to refuse or return that.I would advise and ensure that  these positive feelers are evidenced before her negative actions(DV) and do outweigh her false allegestions.
4. I will stand up and counter all DV ACTS STRONGLY but I will not counter attack her.I will just defend and let her know that DVs have not bothered me and I expect her return on my terms with all love and acceptance provided she does not repeat what she has done and repents her immature actions.
5. After 2 years courts judges will definietly note positive actions that you have done before or after separation including mediation though common friends  and others to save your marriage This will throw you in better light as responsible and mature partner. .
6. NO TALK WITH EMOTIONAL BLACKMAILER .NO EMOTIONS GIVEN TO EMOTIONAL BLACKMAILER.NO FINANCIAL BAITS OFFERED TO EMOTIONAL BLACKMAILER.Make it as difficult as possible for her to have any sucess in any sphere once false  criminal charges are applied in cluding maintenance
7. Keeping cool is very important when dealing with Rabid Spouse .( filling DV) .Yes its important to play safe.But it is equally important to feel healthy in control and give your spouse who accepts her mistake second chance.
8. Shadi kya hai maintain karna hoga .This is what is attitude of judges.Sad but true.But make it as tough as possible for her to get it .Dont close the door from your side for nrgotioations.
9. Yes Siv you do your job even  after this  she wants to go let her go .Have no doubts that You will settle faster than her.You dont lament the loss   of item which was never yours.
10. Heal forgive and grow over fast.

 Aflatoon