Advocate Prity Raj

Questions Answered by Advocate Prity Raj (25+ answers)

Q: execution order on maintenance arrear

I transferred X amount to wife's account after she filed 125 CrPC. Also I deposited Y ammount in the daughter's sukanya acc after the case was filed. As per law should not X+Y be deducted from the arrears? If yes, then do I object in the same court?

Advocate Prity Raj answered
If you transferred X amount to wife’s account after she filed 125 CrPC, and deposited Y amount in daughter’s Sukanya Samriddhi account, whether it will be deducted from arrears depends on facts.1 Amount transferred to wife (X)If:• It was clearly for maintenance, and• You can prove it through bank statement, and• There is no other purpose mentioned (like loan repayment, gift, etc.)Then yes, courts generally allow deduction of such amount from arrears.But if there was no clear mention that it was maintenance, court may not automatically deduct it.2 Amount deposited in Sukanya account (Y)This is more complicated.If court order says you must pay maintenance to wife/child monthly, then depositing money in Sukanya account may not automatically count as maintenance, unless:• It was agreed by wife, or• Court had permitted such mode of payment.Sukanya deposit is treated as savings/investment, not regular maintenance for daily expenses. Many courts do not treat it as adjustment unless specifically ordered.What Should You Do?Yes, you must raise objection in the same 125 CrPC court where arrears are calculated.File:• An application for adjustment/set-off of amount already paid.• Attach bank statements and proof.• Clearly explain purpose of payment.Do not wait for execution stage. Raise it during arrears calculation.

Q: Is it possible to file complaint us 509 for the divorce petition allig

Looking for judgment in which husband insult the modesty of women in his divorce petition sufficent to invoke 509 on himcourt proceeding can not be use to insult the degnityPut alligation like partner swapping and call other man at homeLater on husband withdraw the case by stating that his finanical situation is not good to run case.I want to file complaint under section 509 Against his divorce petition

Advocate Prity Raj answered
Section 509 IPC applies when a person intends to insult the modesty of a woman by words, gestures, or acts, and such words are spoken with clear intention to outrage dignity.However, statements made in judicial proceedings (like divorce petitions) are generally protected under the principle of privileged communication. Courts have held that allegations made in pleadings, if relevant to the case, are usually protected from criminal prosecution, even if harsh.But protection is not absolute. If:Allegations are completely false,Irrelevant to divorce grounds,Malicious and scandalous,Made only to defame or insult,then criminal action may be considered.Some High Courts have observed that court pleadings cannot be used as a shield to make reckless allegations attacking a woman's character. However, courts are cautious in allowing Section 509 or defamation cases for statements made in pleadings.Important points:If allegations like “partner swapping” or immoral conduct were made without proof and only to humiliate, you may:File application in divorce court to strike off scandalous pleadings.File defamation complaint under Section 499 IPC.Consider 509 IPC if clear intention to insult modesty is shown.If husband later withdrew the case, it may support your argument of false and malicious intent.Before filing 509 complaint, consult a criminal lawyer because many courts dismiss such complaints citing privilege of judicial proceedings.

Q: Long separation, settlement amount

HinduWife,10 yrs marriage,separate 4 yrs, coz isolation,constant triggering,indirect harrasment. No child. Since marriage most household personal expenses medical insurance, renovation of his parents house paid by me, my parents.*Is it advisable to file siting long separation irretrievableBreakdown, maintenance OR 1st try mutual file? I m unemployed. No high study. No own house. Husband not responded as he has to pay*How to go for onetime settlement of my rightful money n future secure amount?

Advocate Prity Raj answered
Since you are a Hindu wife, married for 10 years and living separately for 4 years, your case legally shows long separation, but under Hindu Marriage Act, “irretrievable breakdown of marriage” is not a direct ground for divorce in lower courts. It is mainly used by the Supreme Court. So practically, you can file divorce on grounds like cruelty, mental harassment, and desertion (after 2+ years separation).1 First Option If your husband is ready, mutual consent divorce (Section 13B HMA) is faster and safer.Before signing:• Decide one-time alimony (permanent settlement)• Include past expenses if possible• Include future financial security• Take full payment before final motion or through court demand draftThis is less stressful and quicker (6 months minimum).2 If He Refuses You can file:• Divorce on cruelty/desertion• Maintenance under Section 24 & 25 HMA• Or maintenance under Section 125 CrPC• Also Domestic Violence Act claim for compensationSince you are unemployed, have no house, and low qualification, you have strong grounds for monthly maintenance or lump sum alimony.3. One-Time Settlement StrategyAmount depends on:• Husband’s income• His property• Lifestyle during marriage• Duration of marriage (10 years is significant)Courts often grant 1/3rd to 1/4th of husband’s net income as maintenance (varies case to case).If he is avoiding response because he has to pay, filing a legal case may pressure him to negotiate settlement.A

Q: Mutual consent divorce - Reconciliation steps for saving marriage

My wife has filed for mutual consent divorce, MOU is already signed under family pressure and alimony is already paid. Now my wife wants to mediate and the first motion is likely to happen in a week's time. If now we want to reconcile, what's the best way to do that? Is it during first motion infront of the judge or let me know for any other alternative?

Advocate Prity Raj answered
1 Before First Motion If both of you genuinely want to reconcile, the simplest way is:• Do not appear for the first motion, or• Appear before the court and clearly state that you both wish to withdraw the petition as you have decided to reconcile.In mutual consent divorce, both parties must consent at both stages. If even one party withdraws consent, the petition fails2. During First MotionYes, you can inform the Judge during the first motion hearing that:• You are attempting reconciliation.• You want time to settle differences.• You wish to withdraw the petition.The court generally encourages reconciliation and may even refer you to counseling.3. After First Motion Even if first motion is recorded, you can still:• Reconcile during the 6-month cooling period.• Simply not file second motion, and the case will automatically fail.