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What to do if wife has filed false case of 125 and domestic violence
17-Feb-2023 (In Family Law)
My wife has filed a false case of 125 Crpc and DMV act against me and my parents. She don't want to live with me and put different allegations of dowry, unnatural sex, domestic violence. She is demanding alimony. She is working as Assistant Professor. she has done Phd in Maths. I have already file RCR under section 9 for which i have been charged. I am getting different dates for both cases filed by them in ghaziabad. I am working in Ladakh and it's difficult for me to attend the dates. Kindly let me know the steps that could be taken by me as well as the fees for fighting these cases. We got married on 15 feb 2015 and she is not living with me w.e.f august 2016 when i got transferred due to my job. I am working in a PSU. She also left the house earlier without any suitable reason and later on come after a meeting.
Apparently you have a good case to contest on the ground that she is well qualified and working. Further you have filed RCR. Now since law is tilted in favour of wife but court are not inclined to give relief casually to wife. You must contest both cases. Your distant posting is not a ground for not attending hearing. Cases have to be managed for getting dates. Fees depends advocate to advocate. You may contact me.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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Maintenance under Section 125 CrPC case laws
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First of all, you can always ask for same date for both the cases by citing sufficient reasonable cause like hardship in traveling from remote area. Secondly, pertaining to maintenance case, a working woman or we can say a well paid wife cannot seek maintenance from her husband. There are some judgement in your favour on this legal aspect.
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Adv. Nagesh Gajghate
Ghaziabad | 25+ Answers
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You'll have to attend an able Advocate to lool after these cases on your behalf. If it's becoming difficult for you to attend these proceedings you might consider the option of executing a Power of Attorney. As regards to the 125 case, you must file a defense to it stating all the facts and figures that your wife is highly educate and working as Assistant Professor. Attach all the proofs. Also, what is the stage of RCR proceedings?
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