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Clarification on maintenance to wife under CrPC 125


21-Mar-2023 (In Family Law)
My wife filed a 498 case. After filing it, they filed a maintenance case asking for 35000. My question is, will there be a mediation in the maintenance case. Will I be given chance to speak to the judge.
Answers (3)

Answer #1
545 votes
Here your wife filed a maintenance case asking for 35000. Here the matter can be sent for mediation and your advocate and yourself has to get the matter referred for Legal Services authority. So that the matter can be settled to some extent.
Answer #2
634 votes
Dear Client,
Particulars are insufficient. What are you, what is your income, why did she went away from you. All these questions will be looked into by the court while deciding your case. You will be given ample opportunity to project your case. You must take legal assistance by engaging an expert advocate who deals in cases of maintenance and cases fall under Section : 498 I.P.C. After full enqury court will proceed to pronounce judgement. It will not be solely on the case filed by your wife. Court will give equal opportunity. You may compromise in pendency of case.
Answer #3
954 votes
HI
In Maintenance case, there will be No MEDIATION.
However you can contest the maintenance claim of your wife based on merits.
Normally the courts will be reluctant to grant maintenance if
1) your wife is employed and drawing salary or
2) if your wife has voluntarily left the marital home on her own accord OR
3) If you have already filed a RCR Petition.
Hope this information is useful.

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