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Wife not coming to matrimonial home and filed case u/s 125 crpc.
30-Jan-2023 (In Divorce Law)
Sir, I married on 27 September 2009. Since than 2 children born but unfortunately died after 3 days of birth(male baby in April 2011 and female baby in June 2014). Middle of July 2014 wife called to his father and has left my home. She says that I will not return and you can remarry. His father said I will check with her and reply you within month. But there was no reply from their side. We have called them they said we can sit and talk . So me and my mother father gone to there home and asked to her to return but she refused. In June 2016 she has make complaint in women cell, Dehradun . We have make 5 visit from Jaipur to Dehradun women cell. Wife was not satisfied by women cell procedure so she closed her complaint in women. Cell . Now she has file a case of crpc 125 in Dehradun court. What I have to do? As I am afraid that she wants to harm my parents legally by alleging false charges.
Now you are given to maintenance to bound your wife if she earn money or job than she is not able get maintenance.your wife not come matrimonial home than you have file divorce case against your wife on ground dissertation.because your wife live your house without reason.your wife may file a complaint against your criminal law 498a,406,.she is also file domestic violence act case,hindu marriage act.you can file section 9 of hindu marriage act case.that relife you can get.
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Adv. Jaiprakash Kuldeep
Jodhpur | 100+ Answers
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My Dear, You have stated that you tried your best but she is not willing to live with you but you are ready to live with her so can avail remedy under section 9 for restitution of conjugal rights , also state all the real facts in your reply to application under section 125 of the Indian Penal code , what are you doing and what is your income , what about your mentally,physically and economically condition all facts to be averred. thanks
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Adv. Prem Dayal Bohra
Jodhpur | 100+ Answers
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she can not harm your parents. in the caseof 125 cr.p.c it is just acase of maintenance and she is your wife , it is your duty to maintain her. she can also file a case u/s 498(b) of ipc. in that case she can also include your parents.
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Adv. Raj Kumar Saini
Jhunjhunu | 100+ Answers
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Sir You give the repely of sec.125 cr.PC in Dehradhun court in file and you also file a case of ivorce case in jaipur family court and take Divorce..In the Divorce pitition you give evidence that she wants harm to your parents.
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Adv. Pawan Kumar Sharma
Jaipur | 25+ Answers
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Hi , you have got the option of filing the section 9 case in family court ; or divorce under section 13 . At the same time for grant of maintenance under 125 ; your wife have to prove that she cannot live along with you on grounds of cruelty etc. as living seperately without any reason does not amounts for maintenance .
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Adv. Hamendra Singh Solanki
Jaipur | 100+ Answers
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