I want some suggestion on my case u/s 125(3) of CrPC 1)After our divorce(talaq) initially my ex wife has filed 2 cases against me and my family one u/s 498A of IPC and second u/s 125 of CrPC in October 2012 2)In September 2013 she has filed another case against me and my family under Domestic violence, but no notice came to me only I came to know from e-court App that domestic violence case is filed against me and my family 3)In December 2013 court has given judgment in Domestic violence case Ex-Parte that I have to pay 1500 per month maintenance to my ex wife and son 4)In November 2015 the court has pronounced judgment in maintenance application u/s 125 and ordered me to pay 6000 per month maintenance to my ex wife and son 5)Till this date (November 2015) me and my family members and my ex wife were regularly attended hearings in both cases u/s 498A and u/s 125. But after this date my ex wife was continuously absent from court hearing 6)In December 2015 her advocate filed TWO more cases u/s 125(3) for recovery of 1500 and 6000 respectively, initially notice was issued against me and again some police came to my house 3 times in 3 months but my mother said them that my son is not here and I cannot take that arrest warrant, and since then I was on a run and I even cannot go to my home. I have not paid a single rupee in court 7)In August 2017 she has got married but my parents didn’t get that nikahnama and marriage certificate, as the trustee of the masjid where her nikah was done refused to give nikahnama and said that her advocate came to me and warned me of consequences if I gave nikahnama to u 8)In January 2018 the court has disposed one of the case u/s 125(3) in which 1500 maintenance was to recover from me which was awarded under domestic violence case. In e-court app it was written there in business column that “applicant continuously absent hence application is dismissed for want of prosecution”. One thing to be remembered is that neither me nor my family members were attended any hearing in this case nor my advocate attended any hearing 9)Again in April 2018 court has disposed case u/s 498A and the nature of disposal was written as “uncontested-discharged”. And my all family members including me have been discharged from the court. In this case my parents were regularly attended each hearing but my ex wife was continuously absent, and same thing was also mentioned in judgment that she is continuously absent since November 2015 10)But one case which was u/s 125(3) where I have to pay 6000 per month to my ex wife and son is still pending in court and on every date it was written in e court app that “applicant absent, her advocate present, non applicant absent” and in next purpose it was written as “awaiting warrant”. So my question is how long this case u/s 125(3) can go despite knowing the fact that she is and will remain absent and court also observes the same thing? How can I make court come to know that she has got remarried?
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You have to produce copy of her marriage certificate
2) if nikhanama is registered copy of registration certificate
3) marriage photos, invitation card would help in proving her remarriage
4) you need to file affidavit in reply enclosing said proof
5) case under section 125(3) of cr pc would not be dismissed if Lawyer is present
6)court is awating report of arrest warrant
See court can issue warrant for applicant also to attend court if on that also she is not present in the court, the court shall dispose same for want of prosecution this can take time for 6 months to a year sometime based on the court.
at this stage in my advice don't appear before court to intimate let the matter go without her presence and let it get disposed.
All the cases against you were disposed by court in your favor.
Another petition filed also will be disposed when her advocate stops attending the case.
1. If your wife has re married then you are not liable to pay maintenance at all
2. So file a petition u/s 127 Crpc so the court takes into account of her remarriage and drop the case of maintenance.
3. So to end the case you will have to prove her remarriage. Else she will get maintenance as long as she is not remarried or she etse employment.
The divorced wife has no right to claim maintenance after her remarriage. If there are any previous arrears of maintenance which the husband is due she can claim through a regular suit and that too within limitation of 3 years. Under 125 CrPC within one year of its getting due.
You can put documents proving the facts stating she is remarried. You can get the documents like marriage certificate through RTI
I would like to thank all the lawyers for their valuable suggestions, now it is crystal clear that I have to prove her re-marriage to get rid of case u/s 125(3), so plz tell me what is the procedure and from where I can get her marriage certificate, if it is through RTI, then in which department I have to apply? And if I want to file online through https://rtionline.maharashtra.gov.in/index-e.php then what department I have select to apply? And how I can show that certificate to court?
You can through her friends and relatives find details of her remarriage
2) you can engage a detective agency and gather evidence
3) take search in marriage registrar office in city where marriage was solemnised
procedure is very simple, you can obtain nikhanama certified copy from daftar e qazayat (Head office of qazi) or at concern dept who issue nikhanama certificate. but you need some information bride and groom name, age and date of marriage etc.
You can apply to the marriage sub registrar under rti
For the marriage certificate.you need to apply before the registrar of marrisge where her marriage is registered. For.filing certificate you need to appear before the court.
The eye witness is fine. Documentary evidence is not always indispensable if the same is unavailable.
Dear Sir,
Wife can claim maintenance from first hubby till remarriage: Bombay High Court
NO, the woman is not eligible to receive alimony from ex-husband if she remarries or enters into a romantic relationship with someone else.
When the wife remarries, the husband can approach the court with an application to change the clause of alimony and relieve the husband from paying it to the ex-wife.
In case, the wife remarried, but did hide the fact to the ex-husband and continued to receive the alimony, then in such a situation, the husband can file a case against the wife for fraud. If this incident occurs, along with the case of fraud, the husband may claim to get the money back which he paid to the ex-wife.
The Court in such a situation can pass an order to return the total amount she received since she remarried.
For example, she got divorced in June 2012 and started getting monthly alimony of INR 10,000. On January 2016, she remarried but did hide the fact from her ex-husband and continue to receive the monthly alimony till October 2016, when the ex-husband discovered the fact of remarriage. In this, the husband can claim to get the money back he paid for these 10 months - INR 1,00,000 in total.
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Dear Client
If you want that case Section 125(3) to end you should approach the court through your advocate and file an application of CrPC 127(3) for alteration of maintenance on basis of remarriage of your ex wife and for that you need a copy of marriage certificate Trustee or you can file an application against the trustee in court for hiding the evidence from court. Due to which you are not able to get justice. Or you can file an application under RTI act for marriage certificate of your ex wife.
You can apply for marriage certificate from the registration department portal through RTI act.
Once you have obtained the certificate you may file a petition before court to dismiss her claim for maintenance on the basis of her remarriage and produce the copy of her marriage registration.
