• Husband wants to waiver Section 125 by tricks

1. Sec 125 judgement for Maintainence for me n my 2 kids is about to happen. And now my husband lawyer all of sudden is taking sec 9 dates one after the other ,
2. If in sec 9 he says he is ready to live together with me n kids in matrimonial house! My matrimonial house is far away . Currently I and my kids are on rent living with my father and mother ! So EK joint MEIN apartment hain in which he has filed an another case in another court to take me name away from the appartement . He is saying as I am paying the installments so while house shud be in my name ! In which house he will be taking me matrimonial or this new joint apartment . New apparent possession he has not taken since everything is completed! The aparatment is close to me kids school . 11 yrs n 8 yrs . So why shud I do ! He will use this to waiver sec 125 Maintainence . 
3. Should I skip going in sec 9 as I am fearful it will extend decision of sec 125 maintenance. My case is 9 years and now judgement is near , although he has not submitted any paperwork disclosing his salary and shapath patr on sec 125. My statement his statement b vakeel jirah is completed .
Asked 9 hours ago in Family Law
Religion: Hindu

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3 Answers

 

 

contested section 9 case take years to be disposed of 

 

ask your lawyer to appear on your behalf and file reply in section 9 petition for RCR that you are willing to stay with him provided he provides residence near children school and stops harassing you 


3) if you do not show up, the court can pass an ex-parte (one-sided) decree in his favour. He will then use that decree in your Section 125 case to argue, "Look, the court ordered her to come back, but she refused without reason," which could severely hurt your maintenance claim

 

4) draw attention of court to fact that he cannot claim he wants a happy marriage while simultaneously suing to strip you of your property rights.

Ajay Sethi
Advocate, Mumbai
100471 Answers
8214 Consultations

Such tricks don’t work in courts the court will decide the application on merits of the case

Prashant Nayak
Advocate, Mumbai
35015 Answers
256 Consultations

1. The petition filed under section 125 Cr PC is different to that of the section 9 HMA petition, let him file anything, you may concentrate on your relief, don't get distracted.

2. Don't get confused unnecessarily, the different cases filed before court are for different reliefs, you may handle each case on its own merits 

3. Don't be under misguidance, you can appear in the restitution case besides handling the maintenance case, you should not have your own judgement.

The court will pass suitable orders in each case on the basis of the merits in each case.

 

T Kalaiselvan
Advocate, Vellore
90676 Answers
2523 Consultations

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