My wife tells in her crpc 125 applicatn that her father given me 2 lac rupees cash and 10 sovereign of gold at the tme of marriage. And My salary is 20k ane I hv a 15 bigha(5 acr) of cultivated land n frm whr I earn 10k. And she is ill Treatd by her inlaws so that she is compelled to file a case us 323/498a/307 and dp 3/4 and I also wilfully neglectng her. Thats why she is given 10k- pm.

But her father is a labour if he sell his whole property it ll nt reach 2 lac. Moreover it was a love marriage,my father was nt there neither thr is any dowry exchange.
I hv no property in my name, bt my net salary is 17k.
i told in reply that neither I neglect her nor any ill treatment practiced on her. Nor her father given any rupee to me. She is bound to proof all these allegations. Both cases r running on same court.
My question is -
1. Can she get maintenance without answering my quertions ?
2.What should I do to dismiss her application ?
Plz help me and
If any one hv similar judgement plz send me
My e- mail
Almmd2010@rediffmail.com

Dear,
1. Can she get maintenance without answering my quertions ?
Yes- Depends

2.What should I do to dismiss her application ?
you can file section 340 Cr.P.C. reads with section 195 Cr.P.C. but you should take advise from a expert advocate before filling.

Deleted.

Hw can I prove ? Plz gv me some idea. I hv a lots of call recording, whr she is clearly says that she leave the house voluntarily.bt its a too long conversation 1.29 hr whr my fault may also reavels whch may effect my another case.
cn I use ths ?

Deleted.

My father And mother fild crpc 125 on me n Judge sunctn them 9000/pm. Can I submt the court where my wife files 125 that out of my salary I give 9000 to my parents as court orderd, n frm rest I need 3000/pm for fightng false 498a case as lawer fees, jorney fare frm XxX to XXX as I hd to attnd the court every mnth.
1. Can judge consider my applicatn while grantng maintenance ?

Plz advce me and guide me how I submit it in court.

My nxt date is 5 May. I dhd nt attnd lst 3 hearng bt my lawer attend

Yes dear, if u r already maint amm 2 the parents, u can use this point in ur favor while maint 2 ur wife is being decided!

Yes, you can.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

I want to file tax evasion petition against my fathr in law as he told in his statement that he had gven Rs 2 lacs cash and 10 soverein of gold to me at the time of marriage 2010. He is a labour n his annual income is hardly 40,000. he has a small cultivatd land in hs name and its his only source of income.Neither of hs family member is dng a job(in civil or govt). he had not given me even a penny. it was a love marriage.

1.Can I file tax evasion petitn ?
2. Will it help me to proof unclean hands conspiracy of my inlaws ?
3..from where we can get his immoveable property details and how?

Plz guide me

Yes you can. If you want, you can get a copy of TEP from me.

But I doubt for such small amount of expenditure it would be much useful.

But you can try. I am not discouraging you.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Thanks
Shoneek sir

I ll try this.

hello all!
my doubts begin from here....
14/3/12 was the day the judgement was delivered in my divorce case. My case for divorce was filed in Goa in Aug 11, where as she has filed for custody of children in Pune in Jun 11. The 498a case filed by her in Mar 11 shows no signs of moving along.....hence the apprehension!!
Order reads as follows:-
(a) divorce granted(ex-parte) u/s 13(1)(ia)(iii) of HMA,1955.
(b) Custody of both minor children granted to me.

My questions are:-

(a) Till now, there has been no talk of maintainence/alimony in her child custody case. What is the time period that my 498a doll has to file for the same?

(b) Is it necessary for her to file in the same court as my divorce case...or can she file anywhere?(eg pune)

(c) Am i being too cocky...by assuming tht since kids are with me, she will get a pittance as maintainence/alimony?

I have a court copy of her affidavit, which she had filed forin the case for custody of her children. The relevant portion says"I am well educated and so are my parents.I stay in Pune which has good educational facilities and also facilities for extra classes/tuitions.I want to get my minor children admission in a good school and look after their future education in the best possible manner.I want custody of the minor children so that i can educate them properly AND I HAVE MADE PREPARATIONS ACCORDINGLY!!!"
Am just wondering, how this sworn statement of hers will sound when she files for maintainence/alimony!!
Obviously, in her custody case, she would not make any mention of maintainence/alimony....coz that would have gone against her;)
Hence, now the wait for her to cry for maint/alimony...that is,if she doesnt want to contest the decree of divorce and custody of kids granted to me!
Any pointers,anyone??
Thanks.

Sir
In my 125 case judge gv interim order of 2500 frm dt of judgement. Main Trial startd. in my lawer's questn she replyd that her father is very poor. He gv 2 lac cash to me bt whn askd hw mny bank accunt n hw mch land thy hv she replyd - she dnt know. in bnthr questn she reply that after the event on xx/xx/xxxx date she becm uncncious ane brought to hospital by neighbours thn she immediately transfrd to SD Hospital.
Bt I hv the prescriptn whr doctor priscribe one injectn n one tablet n send hr bk.n she was nt at all admitted. we hv also a discharge slip frm SD Hospital whr no injury report s written. In diagnosis coloumn HEAD ACHE s written. My father brought her nt the neighbours.

(1) CAN I GO FOR DISMISS/STAY ORDER OF INTERIM MAINTENANCE ?
(2) What I SHOULD DO IN THS CONDITION ?

In my 125 case my wife stands only 2 witness one is she herself and another is her relative. But she did not stands her father becoz she knows that if her father stands as witness he has to answer from where he brought 2 lac cash more other difficult difficult question.
in my side my witness is over. next date is 28 feb. my question is that -
1. How can i compell her father to appear in the court , I think her father statement will be very helpful for me.

Thanks

u cannot compel her to produce her father as her witness

it is her choice to whom to produce as witness or not

and same apply to u ( other party)

maintenance is decided on the basis of earning of both spouses and liabilties
along with reference to subsection 4 & 5 of 125 crpc( desertiön,adultry and living separately with with mutual consent )
these material facts for deciding maintenance

rest part is come under cönduct of party while making any decision

She told in her 125 application that her father gv me 2 lac cash. but her two witness could not prove this. she told that she was unconsicious in the the after the incident( beating and pouring kerosine oil over her body) her two witness could not prove this even her medical documents cant prove this. she also told that from the date of incident me and my parents starts neglecting and does not give any rupee for her treatment, but my father pay all the bills for her treatment we the original bill with us. she also told that apart from the job I have landed property of 5 acre from which I earn 10 thou/pm. but she cant prove this becos I dont have any land in my name. She cannot prove even a single allegation which she alleaged against me for obtaining maintenance. next date is 28/05/13
1. In this situation what I have to do for dismissal of her application or
please guide me what I should do in this condition.

If u are able to prove all the false allegations made by her are false then thats enough..... The case automaticaly gets dismissed..... Mean while file for perjury if she has commited any...

125 application has nothing to do with such cruelty proving by parties. But as she has chosen.......so 2 grounds open for u:
1) dismissing her case as she has APPROACHED COURT WITH UNCLEAN HANDS......a lot many judgments from SC are here
2) Filing perjury........puts pressure to withdraw cases n settle the matter amicably

sir ,
please send me some perjury judgement and judgement for unclean hands. it will be very helpful for me to dismiss her maintenance claim.
in my side only my statement is recorded as a witness. my lawer is say not to stand any other witness. and he is saying to submit all my documents of her treatment and her self written confidential letter. my next date is 28/02/13. I cant understand what is going to happen in the next date i.e.after 28 feb.
plz guide me

perjury and 125 crpc

Jagdish prasad vs state and other 22 feb 2008 delhi high court
sunny bhumbla vs shashi 2010 punjab and haryana high court

this ground of divorce is rarely used by wives as it is gender biased

if no cohabition between spouses after order of maintenance u/s 125 crpc within one year of order of maintenance to wife then önly wife has right to take divorce from husband and not husband u/s 13 HMA

IF this provision is given to men then divorce become easy