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What to do if wife has filed false case of 125 and domestic violence
17-Feb-2023 (In Family Law)
My wife has filed a false case of 125 Crpc and DMV act against me and my parents. She don't want to live with me and put different allegations of dowry, unnatural sex, domestic violence. She is demanding alimony. She is working as Assistant Professor. she has done Phd in Maths. I have already file RCR under section 9 for which i have been charged. I am getting different dates for both cases filed by them in ghaziabad. I am working in Ladakh and it's difficult for me to attend the dates. Kindly let me know the steps that could be taken by me as well as the fees for fighting these cases. We got married on 15 feb 2015 and she is not living with me w.e.f august 2016 when i got transferred due to my job. I am working in a PSU. She also left the house earlier without any suitable reason and later on come after a meeting.
Apparently you have a good case to contest on the ground that she is well qualified and working. Further you have filed RCR. Now since law is tilted in favour of wife but court are not inclined to give relief casually to wife. You must contest both cases. Your distant posting is not a ground for not attending hearing. Cases have to be managed for getting dates. Fees depends advocate to advocate. You may contact me.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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How much is maintenance on Section 125 CRPC?
The standard of living for the individual concerned should be taken into consideration when determining the amount of maintenance. The amount of maintenance must be sufficient for the woman to be able to support herself, and not much less than the standard of living she had at her husbands place.
What is the maintenance of wife children and parents 125 to 128?
The Criminal Procedure Code provides for provisions regarding the maintenance of parents, spouses, and children. Every person has a fundamental and natural duty to support his wife, parents and children, as long as they cannot do so themselves.
What is the limitation of Section 125?
The first proviso of Section 125(3), which prescribes a limitation of one-year to recover arrears in maintenance, only applies to the procedure of recovery as per the terms of the subsection, by construing it to be a levied of fine. 07-Feb-2022
What is the case law on maintenance under section 125?
Mohammad Ahmed Khan V.
The court decided that a Muslim woman who is single and unable to support her family using the dower received during divorce has the right, even after the Iddat time period, to ask for maintenance.
First of all, you can always ask for same date for both the cases by citing sufficient reasonable cause like hardship in traveling from remote area. Secondly, pertaining to maintenance case, a working woman or we can say a well paid wife cannot seek maintenance from her husband. There are some judgement in your favour on this legal aspect.
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Adv. Nagesh Gajghate
Ghaziabad | 25+ Answers
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maximum maintenance under section 125
Maintenance under Section 125 CrPC case laws
Section 125 CrPC landmark cases
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Section 125 IPC
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Disallowed the maintenance to wife under Section 125 CrPC
You'll have to attend an able Advocate to lool after these cases on your behalf. If it's becoming difficult for you to attend these proceedings you might consider the option of executing a Power of Attorney. As regards to the 125 case, you must file a defense to it stating all the facts and figures that your wife is highly educate and working as Assistant Professor. Attach all the proofs. Also, what is the stage of RCR proceedings?
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