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Narinder Kumar   29 May 2018

In which condition maintenance could be stopped under sec crpc 125

my wife put 2 cases against me 1. crpc 125 & 2. D.V. Domestic voilance.
Please suggest me on which ground level i could stopped maintenance to her



Learning

 9 Replies

Narinder Kumar   29 May 2018

it is like something jokes and more.......

Vijay Raj Mahajan (Advocate)     29 May 2018

For defending maintenance petition of the wife, you need to state and prove her source of income through employement or business or through property owned by her. her bank balance as in saving or fixed deposites, shares and stocks in companies etc. The wife who has sufficient means to maintain herself will not be allowed maitenance. The previous income or jobs done by wife will not debar her from claiming maintenance if she has no present income.

Income and financial status of both husband and wife taken in account by court to decide the maintenance for wife. Go with clean hand in the court to show your correct income and expenditures and insist the same from your wife in the court proceedings.

Adil Khan   29 May 2018

you dont have to pay the parallel maintenance in two case as per the various judgments of high court.. second resion is already mentioned under section 125 crpc under which conditions you are not liable to pay mantanace. .
for further help @ 9595482526

Aman chawla (DELHI HIGH COURT ADVOCATE)     29 May 2018

So according to section 125 

In the following circumstances the women will not be entitled to maintenance or interim maintenance or if the order of maintenance is already made by the magistrate the same could be canceled:

1.when the women is living in Adultery,

2.When the women without any sufficient reason refuse to live with her husband,

3.When the woman is living separately by mutual consent.

And if nothing applies in your case, then you need to prove her source of income.

Regards,

Aman Chawla

Narinder Kumar   29 May 2018

Dear aman ji, My wife was running a small boutique at my home and in terms of evidence I have her 2 years itr and 1 certificate for stitching course from a organization run by Some people of which head office situated at new Delhi. She has left my home since 9/92018. And last itr is i have that is 31.03.2017. When she was moving with her parents she has given me in written that she don't want to live with me due arrgumnents from 2 months.

Narinder Kumar   29 May 2018

Dear aman ji, My wife was running a small boutique at my home and in terms of evidence I have her 2 years itr and 1 certificate for stitching course from a organization run by Some people of which head office situated at new Delhi. She has left my home since 9/92018. And last itr is i have that is 31.03.2017. When she was moving with her parents she has given me in written that she don't want to live with me due arrgumnents from 2 months.

Narinder Kumar   29 May 2018

Dear aman ji, My wife was running a small boutique at my home and in terms of evidence I have her 2 years itr and 1 certificate for stitching course from a organization run by Some people of which head office situated at new Delhi. She has left my home since 9/92018. And last itr is i have that is 31.03.2017. When she was moving with her parents she has given me in written that she don't want to live with me due arrgumnents from 2 months.

Narinder Kumar   29 May 2018

Dear aman ji, My wife was running a small boutique at my home and in terms of evidence I have her 2 years itr and 1 certificate for stitching course from a organization run by Some people of which head office situated at new Delhi. She has left my home since 9/92018. And last itr is i have that is 31.03.2017. When she was moving with her parents she has given me in written that she don't want to live with me due arrgumnents from 2 months.

Aman chawla (DELHI HIGH COURT ADVOCATE)     30 May 2018

Put that ITR's and certificate on record. make a request to a judge that she is capable women and able-bodied women as she was earning before and now she has left her job voluntarily.  

Her written letter is of no use as she may say that you have constructively deserted her. (Means you harassed her so much that she left with no option except to leave the house)

But still, you can give a try by putting that letter or written in your reply/application. Hire a local lawyer he/she may know how to mold things in your favor. 

For any further advice, you may contact me 

Regards,

Aman Chawla


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