regarding maintenance u/s crpc 125 by deserted wife
23-Sep-2023 (In Divorce Law)
Hi ,
wife has been left home willfully on Feb 2016[Marriage date Dec 2013] and later on Dec 2016, filed a false DV case. On sep 2017 Dv case has been dismissed as wife/her lawyer unable to contest case. Now on Sep 2018, again filing maintenance case u/s crpc 125 and asking to pay for daily expenses, food,medicine separately along with additional 30,000/- monthly.
Please clarify my below questions,
1.Is it legally allowed to ask for daily needs expense, food,medicine separately along with additional 30,000/- separately to pay by husband u/s crpc 125?
2. Can judge consider interim plea with out considering the merit of the case that is by not giving the hearing for submission of my proofs/defense?
3. Wife is double degree, working before marriage and also she be working currently but in crpc 125 petition she hiding all these facts. So what are the option with me to counter this ?
1.Is it legally allowed to ask for daily needs expense, food,medicine separately along with additional 30,000/- separately to pay by husband u/s crpc 125?
Ans: She can ask for the same. But you need to prove that she is capable to maintain herself. Therefore she is not entitle for claimed maintenance.
2. Can judge consider interim plea with out considering the merit of the case that is by not giving the hearing for submission of my proofs/defense?
Judge may consider. But you need to proceed with the strong defense by taking her educational qualifications, her jobs. etc. You also place material to show that you are not in a position to pay the claim amount.
3. Wife is double degree, working before marriage and also she be working currently but in crpc 125 petition she hiding all these facts. So what are the option with me to counter this ?
As per recent judgment, wife is entitled to get maintenance from her husband. Here you can reduce the amount of maintenance by arguments. Only you can reduce the quantum of compensation.
Better you contact any advocate or you can contact us also.
Ans: She can ask for the same. But you need to prove that she is capable to maintain herself. Therefore she is not entitle for claimed maintenance.
2. Can judge consider interim plea with out considering the merit of the case that is by not giving the hearing for submission of my proofs/defense?
Judge may consider. But you need to proceed with the strong defense by taking her educational qualifications, her jobs. etc. You also place material to show that you are not in a position to pay the claim amount.
3. Wife is double degree, working before marriage and also she be working currently but in crpc 125 petition she hiding all these facts. So what are the option with me to counter this ?
As per recent judgment, wife is entitled to get maintenance from her husband. Here you can reduce the amount of maintenance by arguments. Only you can reduce the quantum of compensation.
Better you contact any advocate or you can contact us also.
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