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Vicky (Engg)     03 January 2014

Maintenance address

My marriage occurred in Hyderabad district (AP), my wife filed maintenance case (125) in Sangareddy district (AP) as she is living with her parents and there address comes under it. After marriage we lived in Gurgaon District (Haryana), for every peshi I am doing up & down I am still living here and I got rent agreement and doing job. Whereas she after moving to her parents address started working in Hyderabad district (AP).

1Q) I am going to file counter for maintenance soon, shall I mention my parents address i.e. Hyderabad district or my Gurgaon address? 

2Q) I came to know defamation cannot be filed in civil matters is that true, if yes then what cases I can file against maintenance after it gets dismissed?



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 January 2014

Dear Querist

when you file your objection then mentioned your both addresses.

you can file a divorce case against your wife if her petition dismissed on merit due to un-neccesary  and false allegations.

Tajobsindia (Senior Partner )     03 January 2014

1.    You should mention your Gurgaon address while you submit your reply.

2.    See S. 125 CrPC is undisputedly civil proceedings and is a social benefitial provision inserted in CrPC. A civil defamation case after dismissal of her S. 125 CrPC is only maintainable if Family Court while dismissing her S. 125 CrPC held that she has leveled unfounded, indecent and defamatory allegation against you are any of your relatives.

3.    If her S. 125 CrPC case gets dismissed and she fails to cohabit with you then you are eligible to seek divorce on grounds of her desertion.  

1 Like

Vicky (Engg)     03 January 2014

thank you members for your inputs.


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