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radhika (housewife)     31 August 2012

Filed 125, husband does not appear or do not agree to pay

hi, i have filed for 125 section HMA, and if he does not appear and does not ready to pay, how tht can affect my husband. Moreover, as i was driven out of my matrimonial house, also i have a proof of tht. 

 

my husband and my father in -law are working (private and govt sector). wht could be the consequences... if my husband do not appear for the hearing.... and say tht he has not received the Summon/Notice.



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 6 Replies

Prashant Ghai (Advocate) (PrashantGhai.com)     31 August 2012

You have filed a maintenance petition under section 125 of the Cr.P.C. (not HMA). Well if your husband  does not appear in court, that will be the best thing for you as the court will pass an ex-parte order in your favor.

 

Why were you driven out of your matrimonial home? You can file a complaint under Protection of Women from Domestic Violence Act against your husband or a petition for Restitution of Conjugal Rights u/s 9 of the HMA.

radhika (housewife)     31 August 2012

hi ...after driving me out of the house he filed for an RCR... so i do not understand he filed just to save himself or there are some other intentions....

Prashant Ghai (Advocate) (PrashantGhai.com)     31 August 2012

I believe he has only filed an RCR as a means to protect himself from a possible complaint under DV Act which you might file in the future and also to show to the court that he wants to stay with you and it's you who has left the matrimonial home on your own accord.

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radhika (housewife)     31 August 2012

is there any way tht i can save my marriage.... i want to stay with my husband, but not with my in-laws due to there mental tourture and interfearing in my married life.....

Prashant Ghai (Advocate) (PrashantGhai.com)     31 August 2012

The best way in my opinion would be for you to file a complaint under DV Act mentioning all the details of your harrasment by your husband and in-laws in order to get a protection order in your favor as a RCR is already pending adjudication. Then you can go for mediation hopefully come at a peaceful solution.

HK_Jain... (498a Fighter)     03 September 2012

@Radhika

DV can not save your matrimony.

Wait for him to come in 125 he has to come if he would not come then 125 by default go in your favour and if he come then told to mediation and sort out the matter amicably.

 

 


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