Regarding framing of issue in sec 125 crpc
27-Mar-2023 (In Divorce Law)
My wife filed sec 125crpc claiming on the ground of domestic violence and in her petition no where she has mentioned that she is unable to work and depended on some body else. On the ground of domestic violence can issue be framed in sec 125 crpc.
DV & 125 are the two different types of cases. And your wife must have provided a income affidavit to satisfy the court that she is unable to work. If you are feeling something nasty in her income affidavit then you have got all rights to object it through arguments or written statement.
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As per section 125 CrPC, a Wife is not entitled to maintenance if she refuses to live with husband without any valid reason. In your case, the reason for not living with husband would be domestic violence. further, a wife is entitled to maintenance if she is unable to sufficiently maintain herself.
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