How to defend or avoid section 125 of maintenance
03-Aug-2023 (In Criminal Law)
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:
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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.
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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.
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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.
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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.
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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.
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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.
What is 125 CrPC maintenance?
Is qualified wife not entitled for maintenance Judgement?
What is the Supreme Court order on maintenance to wife?
What are the grounds for not granting maintenance to wife?
no maintenance to educated wife supreme court
No interim maintenance to earning wife
Qualified wife cannot sit idle and claim maintenance
Supreme Court guidelines on maintenance
Supreme Court judgement on maintenance to earning wife
No maintenance to educated wife Supreme Court judgement pdf
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Adv Tasaduq
According to sec 125 (4) a wife is not entitled to maintenance if she refuses to live with her husband without any sufficient reason or if she is living in adulter.
Poonam Mehta
The above suggestions given by different lawyers does not work neither proving she is one who is deserted nor your RCR9 is enough. If she is unemployed, she can claim maintenance
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