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The Respondent (Software Engineer)     09 July 2013

Fight against 125 crpc

Dear Law Experts,

 

Brief facts of my case:

 

Me & my wife met through matrimonial site and got married in Dec 2010. We got seperated in Dec 2012 and living seperatly since then. We dont have any kid. I am BE Computer Science and working in Pune. My wife is highly qualified, MBA in HR & Marketing and was working before and after marriage. Left the job in Dec 2011 saying I am just tired of driving because of traffic. I supported her decision and even offered to pickup and drop.

 

There were problems in my marriage as my wife wanted a luxurious life as she was enjoying in her parental house. I was already providing somewhat luxury life but she was not happy with that. She fought with me in Dec 2012 as I wanted to gift her within my budget (15-20K) on our 2nd marriage anniversary which was pitance to her. 20K because in Nov 2012 she went to Europe trip with her family and I bought so many costly items for her including her flight tickets. So my credit card bill was very high for that month apart from home loan EMI and Car loan EMI and regular household expenses.

 

She took all her belongings specically all the new items which I bought for her including jewellary, leaving all the old stuff behind (still in the same condition). 

 

After every fight she used to stop talking for a week and sometimes more than that. I always told her fight happens in every couple but that doesn't mean we should stop talking. She was very much under the influence of her mother and father and used to visit them very often, almost every alternate month and her mother used to interfere a lot. But I never had any problem with those things. Even I accompanied her so many times to visit their parents just to make her happy. 

 

After she left, there is no communication between us as this time my self respect and ego came in between. Before this, I said sorry to her every single time whenever we had fight on petty issues whether its my fault or her. She never tried to pacify the situation. She feels superior because of her education and her father financial poweress. Her younger sister also verbally claimed the same to me. Her whole family knows about her behaviour but instead of putting some sense to my wife's mind, they chose to file the maintenace case and asking for 75K per month.

 

Salary & Expenses: My in-hand salary is 1 Lac/month and out of which paying (My wife has claimed in the petition 1.5 Lacs/Month)

 

1. 40K for home loan EMI (paying this amount since last 3 years). Bought 3 BHK house in Pune long before marriage.

 

2. 14K car loan EMI (bought car for her so she can go to office on her own, I didn't even know driving that time. before that I was providing pickup/drop facility to her on my bike).

 

3. 15K credit card bill which includes grocery, electricity bill, phone bill, gas bill, fuel etc

 

Balance: 30K

 

The only thing which is depressing me is why false allegations:

 

Allegation 1 - She has mentioned in her petition that me and my family was mentally and physically torturing her. I never even raised my voice except in the last fight as she gone beyond everything and abused my parents. My parents are not even staying with me. They are living far from this place, in another state and visited only 3 times in 2 years of our married life and that too on ocassions like Greh Pravesh etc. Her family has visited more than that. She even said I dont care how much you earn, if I knew you don't have money "to mai tumse shaadi hi nahi karti". I disclosed everything before marriage including salary details and all the expenses.

 

Allegation 2 -  I was cruel to her. The truth is I used to help her with the household (in whatever way I can) as we both were working and at one point of time we had 2 maids, one for cleaning and one for cooking. We went to, not lot but couple of places for vacation. She already visited lots of places abroad with her family but still she wanted to go with me and I told her as soon as one of the EMI is over, we can go. I never stopped her for anything except once that too she has mentioned in the petition but with a twisted tale.

 

Allegation 3 - She has mentioned that I never spent a single rupee on her whereas I have gifted so many diamond jewellary to her.

 

Allegation 4 - She has mentioned that I never spent a single rupee on houseold items and she was running the household. I was paying for everything which can be validated against my credit card bills. I used to buy all things using a credit card including grocery from RelianceMart/D-Mart.

 

Allegation 5 - I was harrasing her for dowry whereas I bought all the household items and furniture using my credit card.

 

Allegation 6 - Her father spent around 40 Lacs on marriage. Not sure on what. 40 Lacs is not a small amount, one could have easily buy a 2 BHK flat in Pune in 2010

 

Allegation 7 - She even gone to the extent that I was trying to kill her and my company is dangerous to her. I am just speechless on this.

 

And there are so many other small allegations. 

 

All the important dates are wrong in the petition including the lagan ceremony date and marriage venue. I know these are small things but a person who doesn't remember her own marriage date and venue, what else she can remember?

 

So far no other case but because of all these false allegations I am depressed very much after doing so much for her and not able to concentrate on my work.

 

Regarding the proofs, I have all the proofs of my side including all the credit card bill, shopping bills, photos, videos, travelling details, SMSes and Emails etc. But I don't have proof of her salary slip or how much she was earning as I never bothered about her with that.

 

I talked to couple of lawyers and everybody told me that you will have to pay some maintenace even though I told them I have all the proofs of my innocense and on top of that they are asking very high fees. And every single lawyer advised me to file for divorce.

 

I never thought about DIVORCE and always tried to work out the situation but she left me no other option this time by filing this false case against me and on top of that included all of my family members. 

 

I would appreciate if the experts suggest the best option to my situation.

 

Regards



Learning

 5 Replies

shriks........... (healyhcare)     09 July 2013

1.prepare your say for 125crpc......
2. submit denying all her allegations, wait and express yourself ready to stay with her and file rcr if you want her back or if you dont want stay quiet for few months.

3. let case proceed till cross exam, then think what you really want......
4. till then wait n watch and stop thinking about them, concn,on your work......


(Guest)

These judgments may be of help to you.


Have a look.

 

Check last judgment, NO MAINTENANCE IF WIFE LIES.


Attached File : 584905242 in the high court of delhi at new delhi dhinagara no maintenance to qualified wife.doc, 584905242 sc no maintenance for erant women sc.pdf, 584905242 sc nomaintenanceifwifelies.doc downloaded: 448 times

The Respondent (Software Engineer)     10 July 2013

Thanks @shirks and @HelpingHand for the judgements. I really appreciate that.

Another quick question - should I write all the events in the 125 reply against the points what my wife has mentioned including the proofs or just deny the allegations?

Regards


(Guest)
Originally posted by : The Respondent

Thanks @shirks and @HelpingHand for the judgements. I really appreciate that.

Another quick question - should I write all the events in the 125 reply against the points what my wife has mentioned including the proofs or just deny the allegations?

Regards


1.  What you have studied.

2.  How much you earn [income minus expenditure ie loans, EMIs, medical expenses, insurance = take home income, that much you have to show]

3.  Show your pay slip.


1.  What your wife has studied.

2.  How much she was earning/ is earning.

3.  Assests in her name [ FD, immovable assests like flat, farm house etc]

Where she lives at present, her mother's house, is it own property, if yes, mention it.


Deny all averments made in her allegations under 125 crpc, reply in detail, reply to each averments made against you.

If you have any evidence such as audio recordings, VDO recordings pertaining to her actions, words, etc, make multiple copies, and submit one copy to the court. as you never know when you will need such recordings etc.


I have not read your case in full, but these are the general things you have to keep in mind with regard to replying to 125 crpc.  If your wife does not agree with your statements with regard to her education, income etc, then you can ask the court for appointment of Court Commisioner, he is a person who will get detalis with regard to your wife's income etc, if you do not have such details about your wife.

You may also call me if you have any more doubts.

The Respondent (Software Engineer)     10 July 2013

Thanks @HelpingHand for such a detailed reply.

Can you please share your number and time to talk to you? Sent you a PM for the same.

Regards


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