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cprc 125 maintenance case , dv act 2005
21-Dec-2023 (In Family Law)
My wife filed 498a , crpc 125 and dv act case.
Only 1 year is completed to our marriage and she lived only 2 months with me due to her studies.
I also found out that she had extra martial affair with my brother through WhatsApp messaging and they talked like they were husband wife. Also talked about minor adult things.
One more thing is my brother is a mental patient suffering from ADHD. She also filed section 354 against him order to fulfill her personal vendetta against my whole family.
Now my question is " Can i show her chats with brother in her maintenance case to deny her maintenance ? " I m also jobless.
your sister in law filed 498a case dv act section 12. you are saying her mindset is to extort money from you and claimed 50 thousand maintenance in crpc 125 case your brother is jobless your sister also filed sexual harrasment and everything she use to to adultry things with you now she want to show
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Adv. Vivek Mishra
Allahabad | 900+ Answers
Chat
I have perused the contents of your query and would advise you to consult a lawyer having expertise in matrimonial cases. You should be represented thru a lawyer having expertise. Yes the chats can be put on record with the written statement
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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1 . file proper formal replies before each forum, be it caw cell, be in a notice under 41a CrPC, be it 125
2 if you have the chats you have a brilliant case at hand, you have a good defence
3. 125 has one defence that if the wife has left the company of husband out her own will the she is nit entitled to maintainance.
4 you should file divorce based on mental cruelty and infidelity
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Adv. Tanu Singhal
Delhi | 25+ Answers
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Respected sir
you stated that your wife file a case against you and your family members and you also stated that your have extra mertrial affeir with the your brother and your brother is a mental condination and she also file a case 354 against them .
now you meet me there after I suggest you .
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Adv. Ravindra Kumar Panwar
Delhi | 200+ Answers
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Respected sir /madam
kindly provide the more details of you matter as to enable me to guide you on. right way you can share me all details on my WhatsApp number which is available on my profile so please check my profile and contact me on my WhatsApp . thanks.
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Adv. Pathan Said Ahmed Khan
Ambajogai | 100+ Answers
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Yes , you can produce all this proof of your wife adultery and if you prove all this , maintance case will be weaker .although you are jobless you have to maintain your spouce as per law. if you have any further problem please contact with me immediately .
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Adv. Bhalerao Prakash
Nashik | 100+ Answers
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Dear Sir
Yes, you have a strong defense. You produce unemployment certificate and chat records and thus avoid payment of Maintenance. You may approach High Court and filing quashing petition otherwise you have wander around courts for years together.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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Sir
The case of maintenance is only for specific purpose. You can confront the same in evidence only.
You need to prove her adultery first. As you informed your brother under treatment.
Better you place meterial before 498 a case. That would come to your help.
To give solution need discussion. If interested you can contact us.
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Adv. M Lakshmikanth Arya
Bangalore / Bengaluru | 700+ Answers
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The Law pertaining to maintenance is a very essential piece of legislation protecting the rights of women and advancing justice to estranged wives. The right to claim maintenance can particularly be found in Section 125 of Code of Criminal Procedure, which also confers the right to claim maintenance on parents and minor children. Apart from law enumerated under Section 125 CrPC, an aggrieved wife can also claim maintenance under the relevant provisions of the Hindu Marriage Act, 1955 and the Protection of Women against Domestic Violence Act, 2005. In this article we have demonstrated some cases which aid in understanding the law and its interpretation by the Indian Judiciary.
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Adv. Raghuraman Balaji
Chennai | 900+ Answers
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Yes Sir you can use that chat documents as evidence in the case. Contest the matter with seriously then only you will get justice. You better engage an advocate to represent your case on behalf of you. Contact for Further information.
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Adv. Bhojappa Kallihala
Bangalore / Bengaluru | 400+ Answers
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in this situation you direct talk to your wife that what she want divorce or live with you. bcoz due to many cases I don't think so that she want to live with you anymore. hopefully she also want to divorce with you. so it's batter to ask frankly. and settle mutually. for more information you can contact me
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Adv. Satish Bhati
Greater Noida | 400+ Answers
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this all will help you to contest against her in cases filed by her. for divorce case also it will be a ground as this will be in your favour if not able to prove adultary but it is a good evidence of cruelty. with other grounds. you may call me to discuss ur case in details. Please click like to evaluate the answer as it's helpful for other as well.
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Adv. Avdesh Chaudhary
Noida | 25+ Answers
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hi
in this case you have to file application for quashing of FIR and complaint under domestic violence act in the ground of abuse of process of law
you can further seek divorce by putting evidence regarding adulterous acts
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Adv. Rohit Shaligram
Pune | 5+ Answers
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