section 125 application is for maintenance
2) it is not relevant for maintenance application
3) court would award maintenance if wife is not working or there is substantial differences in your income
Can judgement from section 9 be used in section 125
I lost my section 9 case even though there was no evidence of any domestic violence or any other proper ground. I didn't challenge it in High Court because I found it pointless since my wife doesn't want to live with me. Now in the section 125 case (in another court and another judge) my wife's lawyer has produced the judgement of section 9 case. Can that judgement be used as an evidence ? if not, how can I counter it?
Asked 3 years ago in Family Law
Religion: Hindu
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7 Answers
You should have challenged it. Challenge it now and seek an interim order in that. He must be stating that since the wife has valid grounds so as to withdraw from your house hence the maintenance and the wife's desertion is justified.
Judgment in Section 9 petition is relevant as it is proof that a petition of restitution of conjugal rights is filed and lost by husband proving that he is not willing to keep her and therefore she is entitled to maintenance under Section 125. This provided under Section 43 of Evidence Act. Had you won the Section 9 case, it could have gone against her, since in spite of a Court order she is not joining you, hence she is not entitled for any maintenance amount.
- As per Section 125 (4), CrPC , No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
- Since, the section 9 of HMA is for the restitution of conjugal rights, and if court pass order in favor of the husband , and thereby directs the wife to joint the matrimonial life with the husband , then in case of non-compliance of the said direction by the wife , it will be deemed as deny to live with her husband without any cause.
- However, if this order not passed in favor of the husband , then she will have right to claim maintenance from her husband , and nothing more it will have impact over the section 125 filed by the wife.
You can fight this case in 125 cr.p.c by pleading that you always wanted to live with her, but it was she who was reluctant to rejoin you and got your RCR case dismissed.
This indicates that she is not interested in living a married life with you but she is interested in your money alone hence she doesn't deserve any maintenance.
You can discuss with your advocate properly and move on.
It may have sone relevance in connection with facts stated in ir. Rest both matters are separate and will be decided differently
Dear client, I am sorry to hear that but that judgment may be used in the new case.
