How to defend or avoid section 125 of maintenance

457 votes

If a person is falsely accused of a case under Section 125 of the Code of Criminal Procedure (CrPC), and their wife is willingly living separately from them, they can defend themselves by taking the following steps:

1. Provide evidence of the separation: The accused should provide evidence to prove that their wife is willingly living separately from them. This can include communication records, affidavits, or witness testimony.

2. Prove that maintenance is not required: If the accused can prove that their wife is not entitled to maintenance, they may be able to get the case dismissed. This can include evidence of the wife's financial independence, evidence of her receiving maintenance from another source, or proof that the accused is already providing maintenance.

3. Engage a competent lawyer: It is important to engage a competent lawyer who has experience in handling cases under Section 125 CrPC. The lawyer can help in developing a strong defence strategy and guide the accused through the legal process.

4. Attend court hearings: The accused should attend all court hearings and cooperate with the legal proceedings. Non-attendance or non-cooperation can lead to adverse consequences and may weaken the defence.

5. Cross-examine witnesses: The accused can cross-examine the witnesses produced by the complainant. This can help in exposing inconsistencies in the prosecution's case and weakening their arguments.

6. File a counter-case: If the accused has evidence to prove that the complaint is false, they can file a counter-case for defamation or perjury against the complainant.

LawRato LawRato

972 votes

You have to prove that she left you without any reasonable cause and there is no fault on your part, further you can also produce documents to show that your income is insufficient as there are many dependence on you, further you can also bring to notice of court if she is having any source of income.

Advocate Bharat Narasgouda LawRato

900 votes

You can file under secton 9 for conjucal rights and it is more than sure she will refuse. Then on the ground of desertion she is not liable for any maintenance. But if she agrees then she has to come back to you.

Advocate Vedashree A LawRato

852 votes

You defend yourself through your advocate at court by telling though you are ready to take her back she is not willing to come and also show the proof of RCR before the court and whatever the trouble or harassment which she has given to you that you can state with proof if you have any. State clearly that you can't give maintenance as you are ready to her back. Meanwhile please analyse the situation why your wife is misbehaving with you and your family though you are claiming yourself Mr.Right and family members are also very good. There is no clap from one hand try to find out your fault also, even after this if you think you are Mr. Perfect then your wife's may be exceptional case and take her to the good psychiatrist for counselling.

Advocate Rajesh K.S LawRato