My wife just filed 125 against me and all allegations she made are false, and I have solid documentary evidence to prove few of her charges as false, my questions are: 1. What are Stages in 125 CRPC case, after Interim is fixed, does the process involves evidence, cross examination etc and if yes, then is it summery trial or regular one. 2. If wife fails to prove her allegations, what is final judgement, does she still get maintenance, or it is denied as she is living separate without any reason. 3. If during cross examination and evidence stage, if wife allegations are proved false, either all allegations or few(like out of 4 allegations, 2 are proved to be false, by false I mean that it is proved in court that she is lying), and remaining 2 are not proved by her, does she still get maintenance, or it can be denied as she is living separate without any reason. Please help with point wise reply.
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Wife has to lead evidence and you can cross examine your wife
2) if wife has deserted her husband without sufficient cause she is not entitled to maintenance
3) if wife has made false statements on oath and is not able to prove allegations made by her court may not award her maintenance
1. It is a regular trial after the disposal of petition seeking interim maintenance.
The petitioner will be examining herself as prosecution witness No.1 and she will be cross examined by the counsel for the respondent, after that if there are no more witnesses from her side the defence witness may begin in the similar maner.
After the defence closes its evidence then the court may pass judgment.
Both the sides can exhibit their documentary evidences to support their claim and interests during trial proceedings.
2. The proof of wedding between you both, her unemployment and no source of income to sustain her expenses shall be sufficient to get maintenance even if her allegations are proved false.
3. Under this provision of law, the court will rely upon the status of the parties to grant maintenance, if she is not employed and has no source of income to sustain her expenses, even though her allegations are proved to be false, the court may may grant her maintenance.
1. See in 125 it is summary proceeding though evidence and examination in chief are there and the witness can be cross examined.
2. See even if the allegation are not proved though wife doesn't have source of income the court may grant maintenance. Also in 125 crpc court primarily doesn't go in merits of allegations maintenance is primary concern.
3. See if it is proved that wife deserted you in that case court may deny maintenance otherwise the court may grant maintenance.
1. Evidence would begin after interim has been decided. It is neither summary nor regular trial. Without evidence court cannot decide it.
2. If wife fails to prove her allegations then her case will be dismissed. Courts seldom deny maintenance on the ground of wife living separately without any reason.
3. If she is unable to prove her case then case will be dismissed.
As per section 126 crpc find out where she last resided with you before filing and try to hit it on maintenabilty ground, after how long did she file it, specific provision to give her the best gift from you, if possible. Otherwise you have to suffer paying her, no one can save you, get it straight, no point misguiding. Proving will take ages and you will be ordered to pay interim maintenance
Dear Sir,
In case of 125 Cr PC, all the process of pleadings, examination and cross examination of witnesses etc. will be held then only the case can be argued and will be decided. In she fails in proving the case, she will not get anything.
After filing the case normally the interim maintenance is allowed by the court to give relief to the complainant and it is also the responsibility of the husband to provide suitable maintenance as otherwise Court for her expenses and legal expenses .Court procedure will follow and evidence from both the sides will be submitted in the court to make decision in awarding the permanent maintenance
Dear Sir,
It is not mandatory that the husband has to pay alimony when a divorce is occurring, but if the wife has been dependent on the husband, then the court may pass an order instructing the husband to pay certain amount as alimony.
Maintenance is the financial support that a husband needs to pay to his wife when she is unable to sustain financially on her own during the divorce proceedings as well as post-divorce. Maintenance is paid by the husband either on a monthly basis or in a lump sum so that the wife can avail the basic amenities of life such as food, clothing, shelter, etc.
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum.
A divorce lawyer in India must be hired to file or defend a maintenance petition in India, in addition to a divorce petition and other legal formalities. The maintenance rights of a woman are governed by the personal laws applicable to her, and the maintenance rules differ under Hindu, Muslim, Christian and Parsi laws.
The Hindu Adoption and Maintenance Act lays down the provisions relating to maintenance rights of a woman under Hindu laws. Under the Act, the wife, daughter-in-law, children, elderly parents and other dependents have a right to claim maintenance.
In case of divorce, the wife has a right to claim maintenance from her husband when she is unable to maintain herself financially. The fact whether the wife is working and earns some income or not, does not affect her right to claim maintenance from her husband.
However, the quantum of maintenance that the husband is required to pay to her wife depends upon the income earned by the wife, the income and property of the husband, his personal expenses and the expenses borne by him from his dependents.
Evidence will record. First her and cross ex examination than your side evidence will record.
But you should bring your evidence on record so that she can be cross examine on document brought by you in your defense.
Her petition will dismiss if she fails to prove her petition. But under sec 125, her earnign capacity only examines by court and her refusal to live with husband without any reason or if she is not living in adultery.
If her partial allegations proved false - mean she is not approached court with clear hands - reason to deny relief.
Dear Sir,
The only relief You can get that, her Maintenance application will be dismissed if she is having sufficient source of Income. You can take necessary defence to show her independent Income. Though it is is a Summary Procedure the Courts Record Evidences of Your wife and your self. You cannot take any action against her even if her petition is dismissed.
First of all keep in mind that you can not deny legal liability to maintain your wife.
Since your wife is living away.you have a good ground to approach the court for divorce on grounds of desertion and cruelty. If you can show that she has deserted you of her own will and not for any reason you can be held responsible for then there is law that she is not entitled for maintenance.
1. It is a regular trail and there will be evidence of both petitioner and respondent.
2. She still gets maintenance until she have adulterous relationship or staying away from you on her own will.
3. You can prove that she is living separately without any sufficient reason then court can dismiss her petition for maintenance.
