• CrPC 125 maintenance

I have applied for divorce I am a NRI. The wife lied to get married as in not stating her actual true facts of age and education and many medical treatments she had eg going to doctors to get Treatments for fertility as the doctors told her she cannot have normal child she goes without my permission and has local doctors to get treatment but in fact she goes to get body tightening treatment for her private parts which she did before marriage I have recordings her admitting this. All evidence I have and I applied divorce for fraud as all she wanted to do was gain entry to U.K. has affair with someone there’s and wanted a way to go. Now she threaten my brother with false case of rape police has given her warning and she stole my bike again police knows. She has admitted. After all she has done will she still get maintenance as her marriage to me was a lie and fraud basis to go U.K. section 18 divorce. Anullment. Please advice as all her lies threats and torture. Only got married 2019 filed divorce 2020 Have voice recordings for evidence. One she lied to get married then she threatened me and mentally torturing me why should she get maintenance on a lie and fraud marriage to get access to U.K. please advice
Asked 3 years ago in Family Law
Religion: Hindu

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14 Answers

Since she is your legally wedded wife she is entitled to maintenance if there is substantial differences in your incomes 

 

court would award her maintenance 

 

you are entitled to divorce if you prove allegations of mental cruelty 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

Hello,

  1. Even if you succeed in proving the allegations and eventually obtaining annulment or a divorce, the law provides for maintenance to the wife maintenance to sustain the living standard she had been enjoying in her husband's company. Unfortunately the merits in your case to get a divorce does not defeat her rights to maintenance.
  2. You can certainly use all the evidence you have in establishing your case and getting a divorce and at the same time inform the court that she has her own income and is capable of maintaining herself. In any case before deciding on a petition for divorce, both the parties are required to file their income statements before the court.  

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

Dear Sir

1. This a clear crime. Please file an FIR on the ground of criminal intimidation [Section 503 of IPC]. 

2. You may also file for divorce on the ground of cruelty [Section 1(ia) of Hindu Marriage Act]

Thank you

Anik Miu
Advocate, Bangalore
9981 Answers
117 Consultations

If your divorce case is already running in the court than kindly expedite the same case for divorce proceedings it will get end once and all of maintenance. Kindly make crpc 125 maintenance case in the same divorce case court.

Ganesh Kadam
Advocate, Pune
12959 Answers
260 Consultations

-   Where you applied divorce ? India or UK ? You filed Divorce or Annulment ? 

 

-   Gaining entry is 1 thing, getting PR and citizenship is different.
So she is currently in UK or India ?

 

-  Get the medical records if you can get them. 

 

-   Till now your case seems to be going good as she was not able to file FIR.
She can file 125 for maintenance if she is not earning and if there is huge difference in Income of both of you.
She have to submit affidavit of Income, assets and liabilities while filing for maintenance.

 

-  She stealing bike is not crime, she can ride it.

But you can file FIR for threatening, blackmailing and criminal intimidation.

Ankur Goel
Advocate, Bangalore
454 Answers

Maintenance is not merely a legal right. It is part and parcel of basic human right. For weaker sections, it is a problem in the sense that their very survival rest on the maintenance. The object behind the provision is two-fold: firstly, to prevent vagrancy resulting from stained relation between the husband and wife, and secondly, to ensure that the indigent litigating spouse is not handicapped in defending or prosecuting the case due to want of money. A husband is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.

In your case if you can prove the marriage is null and void and also she will not be entitled to relief if she has indulged in adulterous relationship . It is also important to note here that in order to be entitled for the relief, the marriage must be a valid marriage. In other words, if the marriage is illegal then the matrimonial relationship between the husband and wife is non-existent and therefore no right of maintenance accrues to wife. However, thanks to judicial activism, in particular cases the presumption of marriage is given more weight age and the bars to maintenance are removed.

Ajay N S
Advocate, Ernakulam
4087 Answers
111 Consultations

You have already filed a divorce case to dissolve the marriage by a decree of divorce for the reasons you rely upon, hence there is no question of filing an annulment petition to annul the marriage.

Annulment of marriage on the said grounds is not maintainable.

If she is not earning and express that she has no source of income to sustain her expenses ,then she would be eligible for maintenance.

The maintenance is not automatic along with the divorce case.

She has to file a separate petition seeking maintenance. 

If you have strong reasons and documentary evidences  to prove her acts of cheating then you can get divorce  but this will not be a reason to deny her maintenance  if she has no sufficient means to sustain her expenses. 

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

Where have you applied for divorce? In India, pursue your divorce case with all the evidence you have.  If she has threatened you brother, go and file a police complaint against her in UK. Keep all the evidence  to show police . You will have to pay her maintenance  even if you have filed a divorce case if there is a big difference in the amount of earning of both of you. You can pay lumpsum if your divorce is coming through. All her lies is a ground for mental cruelty. 

Megha Girish Wagh
Advocate, Pune
10 Answers

- If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further , if wife lie or conceal true facts at the time of marriage , then this marriage can be declared as null and vied . 

- Your mentioned submissions are amounts to cruelty and you can file a divorce petition against her on this and other grounds like extra marital affairs etc.

- Further, as she is threatening for implicating your brother in false cases , then he can lodge a compliant against her after narrating the facts for his safety. 

- Further, if wife having extra marital affairs , then she is not entitled to maintenance under section 125 CrPc

- If she files a case , then you can produce the evidences against her before the court. 

- Further, if she is living there , then also you can file a contested divorce case against her there , and the decree of divorce on this ground is valid in India. 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

1. In this scenario annulment of marriage is a better remedy in your hands under the Indian legal framework.

2. Under the Indian law if a marriage is annulled the wife loses her right to claim maintenance.

3. Apply for anticipatory bail if a FIR is lodged against you on the basis of her complaint.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

She is entitled to get maintenance if she is unable to maintain herself.

 

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

A maintenance application is not maintainable against you as she has lied to you about various facets of her life. File an application under section 340 for lying under oath.

File a divorce petition on grounds of cruelty adultery and annulment wrt falsifying facts.

Rahul Mishra
Advocate, Lucknow
14102 Answers
65 Consultations

1. As per Indian law, she is not entitled yo any maintenance if the marriage is annulled.

 

2. In case of Divorce where it has been obtained on the ground that she is in adulterous relationship with a third party out of her wedlock, she is not likely to get the maintenance.

 

3. If she is your legally wedded wife and is not earning, she is entitled to maintenance from you. If the marriage is annulled on the ground that she had suppressed vital facts to obtain your consent to get married with you, then she will no be so entitled.  However, you shall have to prove your points before the Court and get your marriage annulled, otherwise she will continue to stay your wife being entitled to be maintained by you.

 

4. However, you shall have to file the annulment petition within one year of your coming to know the vital fact which was suppressed from you for obtaining your consent for the marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

If she has lied to you and on that pretext the said marriage is conducting then you can go for annulment. If divorce is already filed then you can contest the same on basis of the above frauds and seek divorce. You can also avoid paying her maintenance on above grounds

Prashant Nayak
Advocate, Mumbai
32330 Answers
194 Consultations

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