Interim maintenance under sec 125

If you've sufficient evidence then fight the case on merit basis. Did she file any other case on you? If not, better ask for Mutual Consent Divorce (MCD) and agree to pay a well settle amount to get rid from this problem.

Mango

Dear Querist

fight the case on merit, first filed your reply before the court if she send a petition copy along with summon, if she send notice only then reply that notice through an advocate.

I have received the summon and a show cause notice from the court along with the copy of the petition. Not sure if she has filed anything else...how do I know if something else has also been filed?

I had been threatened earlier of false cases and pro-woman laws against which I had registered a general diary as well. Will this come to my protection?

additionally we had gone for family counselling session on our own before she left. There she had told that there were no dowry issues and in the petition she has mentioned that dowry issues were there. The family counselling report can be accessed by the court which would most likely have this point that the disputes were mostly normal wear and tear of marriage and not dowry related or mental and physical torture as she has in the petition.

will the court be passing an interim order maintenance even before checking the validity of her claims?

Hi Bindas_pati,

• Since you have all the documentary evidence, be well prepared to fight out the false cases.
• Your reply to maintenance case will be very crucial. It should be very meticulously drafted with no loop holes.
• Do not forget to mention threat about false dowry and other cases to you and your family in your reply to 125.
• Visit 498a.org to prepare for fight. Follow those instructions.
• Prepare and get ready for all the evidence of her earning and capability as you don't need to pay interim.
• Only your aggressive fighting in this initial stage will help you.
• Understand that her interim maintenance should not succeed. That will be your victory.
• There are lot of judgements for no interim maintenance.
• Also if you go for MCD never agree for any alimony, not even a single penny.
• There is a judgement which says that wife deserting husband not entitled for alimony.

Never Give Up

If what you say can be substantiated at law before a Court then you do have a good case.  All you need is to get to a good lawyer who will guide you properly.  It is neither possible nor practical  to explain in these kinds of forum the options open to you at law.  

The evidences in hand will support you while contesting the cases foisted against you.  Preserve all the evidences safely and pursue the case regularly through your lawyer, do not take it easy and fully depend on your lawyer, assist him with substantial evidences, you will be able to succeed, before that see if there is any chances for reconciliation with your wife. 

Can someone also guide me as to how to approach the mediation center in courts? 

Mediation is possible only if both the parties agree to participate in the process.  As a thumb rule, the Court on its own will seek your consent to mark the file to mediation Cell.  If you and your wife do not object, the file will go to the mediation Cell.

Dear Sir,

  You should ask for Mutual Consent Divorce  and agree to pay a well settle amount to get rid from this problem.For more query contact us query@nrilegalconsulting.com

@Author,

1. If you have time and patience and need justice then fight your case on merit as you have ample of evidences to thrash her.

2. If you are in hurry then during the time of mediation convince your desired rate of freedom to her.

3. If she doesn't agree and hell bent to extort you like anything,,,then don't reverse back just hold down and give a bang to her by proceeding to fight all these cases by tooth & nail.

4. This is India where oneside making law's for anti dowry and other side khule-am nanga nach of extortion from women side.

5. Don't ever expect a good from lawyer but alway's remember that you have to guide your lawyer as what you want and rely just only for his court procedure and nothing else.

6. To deny maintenance of her you have to plan strategie ,do homework on her educational detail's,qualification detail's,last salary which has been withdrawn by her, research on her qualification and match other ladies on same qualification who are easily doing job and geting paid out with good salary,there are many point's to argue and convince the court if a lady is qualified and just become idle and parasite to suck money from her husband.

7. Read women law's, hindu marriage act and evidence act ,criminal procedure code and civil procedure code and alway's be ahead of your lawyer who are moron's and are only for making money's. In this way you could not only win your case but also lead other's to get out from this open legal extortion in india.

Best of luck...