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maintenance u/s 125 can be denied on ground of false 498a harassment?
01-May-2023 (In Family Law)
Respected Sir, my wife willfully left my custody in year 2001, after that she filed a false case against me u/s 498a, after 11 years of proceedings and I was acquitted (found not guilty), within this 21 years she filed many false cases against me in different courts, several cases u/s 125 but she didn't contest till last, leading a vagabond life, finally 3rd time she again filed a case u/s 125 in year 2010, this case is at argument stage now, my lawyers are not cooperating me properly, asking huge amount of money, I am a poor Army pensioner unable to effort, am living far away from court place, due to miscommunication I missed many dates,resulting which this case merit damaged badly, finally I decided to fight this case alone without any lawyer and I expressed that to the honable magistrate by appearing personally in my last date, my wife also filed civil case u/s 10 CPC followed by sec 24 & 26 CPC, for further information I have second marriage with two minor child without divorce.
dear client in which court your case is going and as you are saying your case status is on the stage of argument then if ithe argument is not done properly then it may lead to conviction as after argument judgement is the final stage what is your jurisdiction...
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Adv. Priyanka Singh
Kolkata | 1000+ Answers
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sorry for the ordeal that you are going through. its good that you are fighting your own case for you will not have anyone to blame in case you lose the battle and being a poor person you will also be able to save some good amount. be that as it may let me now address you on the merit of your case. 125 has nothing to do with multiplicity since its a case where the cause of action is a continuing phenomenon and therefore section 10 cpc has no applicability whatsoever unless there are two different 125 going on simultaneously in two different courts. im not very sure about the 24/26 cpc but its better you contest each and every case by yourself and get acquitted of them. in case you have undergone a second marriage and you are not muslim then you are liable to face more criminal prosecution in future and your service record (ppo) may also get altered in due course because your second wife might not get any benefit during your lifetime.
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Adv. Tanmoy Chattopadhyay
Howrah | 900+ Answers
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