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harassed_12345 (NIl)     26 June 2015

Urgent advice please !!! crpc 125

Hi Experts !!!

I am married for last 5 Years to a woman who does not have her parents and any financial supports at that time. I am the only son of my parents and did a temple marriage as per hindu customs. Thinking my wife will support me and my parents but it was not the case , after marrigae she insisted to do a job and started earning more than me,. Gradually her behaviour towards me changed. We have a baby of 2 and half years , surpprisingly my wife dropped the baby with may parents at their home when she was 6 months, sayingh she wants to continiue with job and cant ruin her future because of baby. In this whole period of 4 Years neither me nor my parents have taken even a single penny out of her salary.

Last year i came to know that my wife has extra marital relation with her collague , keeping an eye on them resulted in finding their hotel c/in detail for 2 nights far from my place with theier photo i cards and copy of bill signed by both.

When asked upon this wife lodged a case of 498a / 506 /34 ipc against me and my parents. Police filed cancellation report against the same  as all her stories were baseless with no evidence though she challenged it in court. this matter is still pending now i came to know that she has filed another case of 125 CRPc for maintenance.

Now I have baby with me for last 2 years . old parents to take care of from my private job, where as she was earning more than me since marriage , having a car registered in her name. I have her previous salary slips as well. Now also she is working and i am also doing private job. where as she does not want to take care of a baby also , she has asked court for animoly of Rs.10000/- per month I  have alreday applied for divorce on the grounds of adultery and cruelty and case is under trial and she is not appearing in the court.

Please suggest me best possible way to get out of this ....

 



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 2 Replies

saravanan s (legal advisor)     26 June 2015

you have very strong reasons to claim divorce on the grounds of adultery and cruelty.if she is not appearing for trial then the case would proceed exparte against her and you would be given exparte divorce.in such a scenario she wouldnt be entitled to get maintenance.

as far as the crpc 125 is concerned since she is earning sufficiently enough to lead a comfortable living she wont be entitled for maintenance and also you got to show proofs for her earnings by means of salary slip,form 16 etc.and also proof that she had deserted the child as soon as the child is born to avoid maintenance to the child

Mukesh sharma (job )     21 October 2015

i read your all quary and also reply of sir i agree with him be cin you case you have good ground for divourse you go to court and tell him all this with proof as per sec 125 your wife not get any alomoney if he work and her income hoigh of you incoome and anthor ground extar affair and after marriage relation with another person you get divourse on this ground meet with best lawyer who deal in family law case you he give you best 


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