• 498a/34 CrPC 125 HMA section 09 and 12(d)

My marriage date was 16.04.15 after four month my wife left my home with her mom dad and near to my home given a information to police station that she is going with her own interest. And then after 4 days on 22.08.15 she given complain of dowry at her home town . Police arrangeed counselling on 07.09.15 but she refused to come with me  I told that I want to take her back I love her ...then conseller advised me to file hma sec 9 I filed section 09 of hma on 22.09.15 then she also lodged fir under 498a.34 on 19.10.15 I and my all family got ab from lower court and chargesheet submitted on 22.1.16 she filed another case maintenance crpc125....in the month of April she told me that she was in love with other and not interested with me she was also pregnant at the month of April and after two months later her parents abort and left to my home . My question is 
1. Should I will be allotted maintenance or not as she has given statement to near police that she is going on her own interest?
2. Should I file hma sec 12 on ground of pregnant n no physical relationship.? Parallel with Sec 09
3 . is this case will be quashable at high court because no medical and no eyewitness?
4. How much time I will spend on this issue??
5.personal loan ,car loan ,insurance premium, house rent and medical bill be considered while considering maintenance amount ???
Asked 10 months ago in Family Law from Korba, Chhattisgarh
Religion: Hindu
1) court will direct you to pay maintenance as wife is not working . She can take the stand that she was forced to leave home on account of dowry harassment

2) contact a detective agency and gather evidence of her extramarital affair and her abortion 

3) your income after taxes is considered while awarding maintenance . Court generally awards one third income as maintenance 

4) litigation is long drawn process ,. It depends upon pendency of cases in trial court 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
1. The statement given by her to police is a ground on which you can contest her claim to maintenance but such statements are not given much importance by the courts. To repel her claim substantively you ought to prove that she is earning on her own or has an extra marital affair.

2. You are free to file for divorce on the ground of cruelty. Denial of sex is an act of cruelty.

3. A case under sec 12 cannot be quashed by the High Court. She will have to contest it in the court.

4. The time frame will be subject to peculiar local factors such as backlog of cases in the court, number of judges, etc.

5. All your liabilities are to be taken into account before quantifying the amount of maintenance,
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
If you have evidence to prove that she was pregnant at the time marriage and got abortion in hush-hush without your consent then you annul your marriage under section 12 hma. 

Petition under section 12 is maintainable if bring within 12 months of marriage. After lapse of 12 months you cannot bring it. 

If marriage is annulled  by court you no longer be liable to maintain your wife. 

first file petition u/s 12 then file quashing petition u/s 482 because evidence tend to show that case is filed to mitigate this matter. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1) RCR is useless 

2) even if you obtain decree yiu cannot force your wife to stay with you 

3) withdraw RCR filed under section9 of HMA 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Sec 9 is to be withdrawn.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
1. Should I will be allotted maintenance or not as she has given statement to near police that she is going on her own interest?
You may collect this evidence from the police either in person or through court and use it against her maintenance case and convince court that you had taken sufficient steps to bring her back but she adamantly refused to return and the proof for this is her own written statement before the local police station. This pleading may help you to get her maintenance petition dismissed. 



2. Should I file hma sec 12 on ground of pregnant n no physical relationship.? Parallel with Sec 09
You should have filed the annulment petition before filing RCR, however even ow you can withdraw RCR and file a petition under section 12 giving reason that you came to know about her pregnancy through a third person only recently hence you should like seek nullity of marriage on the grounds of adulterous life before marriage and resultant pregnancy.



3 . is this case will be quashable at high court because no medical and no eyewitness?
You can take it up before high court, let hem decide.



4. How much time I will spend on this issue??
Cannot be predicted owing to various factors governing this issue.



5.personal loan ,car loan ,insurance premium, house rent and medical bill be considered while considering maintenance amount ???
Except personal loan, all other standard expenses can be taken into consideration based on the way it has been presented.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. Should I will be allotted maintenance or not as she has given statement to near police that she is going on her own interest?
Opinion: by this complaint maintenance case can be rejected.

2. Should I file hma sec 12 on ground of pregnant n no physical relationship.? Parallel with Sec 09
Opinion: No, you can not, first withdraw section 9 then only you may file.

3 . is this case will be quashable at high court because no medical and no eyewitness?
Opinion: No, only lack of medical and eyewitness is no reason for quashing.

4. How much time I will spend on this issue??
Opinion: More then years.

5.personal loan ,car loan ,insurance premium, house rent and medical bill be considered while considering maintenance amount ???
Opinion; yes, all the facts will consider at the time of maintenance order.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

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