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Mani123456 (Engineer)     11 February 2013

How to stop wife maintenance under 125 crpc

Hi,

 My divorce case is clubbed with the maintenance case from wife under 125crpc. She filed

it after filing FIR under 498a against me. Then I filed the divoroce case against her.Both of them got clubbed.

Now My divorce case is at her cross examination stage. My wife is also earning and recently have changed her

job and getting even more salary than he previous job. Can I appeal the court after my divorce case is over?

Or when can I put the application before the court. I do not want to delay my divorce case and do not want to

put the application now.

  I have 7.5 year old son and have been bearing his expendititure too. I would keep on bearing it but want

to stop her  maintenance once the divorce case is over in the lower court, as she is earning quite good.I do not want to pay her for whole of my life.

Kindly guide me in this regards

Thanks

Mani



Learning

 8 Replies

stanley (Freedom)     11 February 2013

when both the spouses are working Maintanence for the child is co- extensive only upto the age of 18 . Hence she too has to contribute for the child and as a matter of fact she cant claim maintanence for herself but only for your child upto the age of 18 .  so where is the question of paying her for the whole of her life .

Alternatively you can call for her salary slip through CRPC 91 or summonning her employer or if you have her salry slip than you can sumbit the same in court . 

i hope this answers your query .

Rahul Kapoor (Legal Enthusiast)     11 February 2013

hello,

if your wife is working then prove the same in the court by various means.

only spouse who is unabale to maintain herself / himself is entitled to maintaenance.

 

regards-

rahul.gogreen@gmail.com


(Guest)
Originally posted by : Mani123456

Hi,

 My divorce case is clubbed with the maintenance case from wife under 125crpc. She filed

it after filing FIR under 498a against me. Then I filed the divoroce case against her.Both of them got clubbed.

Now My divorce case is at her cross examination stage. My wife is also earning and recently have changed her

job and getting even more salary than he previous job. Can I appeal the court after my divorce case is over?

Or when can I put the application before the court. I do not want to delay my divorce case and do not want to

put the application now.

  I have 7.5 year old son and have been bearing his expendititure too. I would keep on bearing it but want

to stop her  maintenance once the divorce case is over in the lower court, as she is earning quite good.I do not want to pay her for whole of my life.

Kindly guide me in this regards

Thanks

Mani

Prove it man, right now, take her salary details, take her educational credentials through RTI


File an application that she is earing more than you, and now that the kid is with you and you are bearing his expenses, ask her to cough up money, as she is earing more than you.


Dont wait for divorce case to get over, file the application right away.


Paying her whole of your life or not, that depends on her next movie, if divorce is granted, she might ask one time settlement, or she might ask for monthly alimony, thats is wait and watch.


As you have made it clear that you dont want to pay money for the rest of your life, you can opt for one time settlement, I really dont think they'd let you go without paying money.


Consult good lawyer.

Mani123456 (Engineer)     28 March 2013

Hi,

  She herself has admitted in the court that she is earning around 22500 Rs per month. Still court has not given me

any relief. And if mental cruelity is proven and divorce is granted, will I still have to keep on paying her maintenance?

I find Indian court very cruel on man. It must not be gender biased, but everybody tells and even I am experiencing it

seems to be gender biased.

Regards

Mani

Rahul Kapoor (Legal Enthusiast)     28 March 2013

hello,

you have a strong point that she is earning.

you need to put it well in the court.

 

regards-

rahul.gogreen@gmail.com

Mani123456 (Engineer)     11 July 2013

Sir If the judge of trail family court ignoring all the valid material evidence of the petition and cross examinations  and dissmissed the petition without valid reason. Also in 498a case ,Judge is giving court dates of six months and two and half months duration no hearing or statements are done thus draging the  case to nearly three and half years.Is there any valid law in our Judicial system to fight against  such shameful corruption. mani.


(Guest)
Originally posted by : Mani123456

Sir If the judge of trail family court ignoring all the valid material evidence of the petition and cross examinations  and dissmissed the petition without valid reason. Also in 498a case ,Judge is giving court dates of six months and two and half months duration no hearing or statements are done thus draging the  case to nearly three and half years.Is there any valid law in our Judicial system to fight against  such shameful corruption. mani.

There is one way in which you can raise your voice and be heard.  Become an MP, member of parliament.  You can shout as much as you want and also gather like minded MPs and rock the parliament, until you are not heard do andolans inside parliament itself, do walkout protest, do so much ruckus that the the normal functioning of parliament is disturbed and the session is adjourned indefinitely.  That is the only way to rightfully fight against shameful corruption.

Adv k . mahesh (advocate)     11 July 2013

try to get her salary certificate of previous and present and also your salary certificate and submit to the court and make your lawyer to stress about the salary only  and also you had mentioned your kid 7.5 old then you can file his custody also 

dont think about other cases it will go on and will be acquited from all the cases 


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