• Section 125 n 125 (3)

I had earlier received wrong accusations under 498(a) DV all false notice from my wife's advocate. 
My advocate had replied in a decent way to her advocate that all allegations are false and filed RCR to her.
Now she had applied to Family Court notice against me section 125 and 125(3) and this notice has asked me to appear before family court. 

I dont want to give maintenance to her because of her all false drama and allegations. I have asked her to return to her marital home and perform her matrimonial duties. Yes i know i cant force her to come. But i am the only son and have old aged both mother and father alive who are dependent on me. I cant afford to give her maintenance just because she is doing drama to avoid to perform her matrimonial duties. 
As i know i am honest I have strong will to fight the truth. Just let me know how to proceed and give a fight to this case. How can i save myself from not giving any alimony or maintenance.
Asked 8 months ago in Family Law from Barrackpur, West Bengal
Religion: Hindu
please clarify if wife is working or not ?

2) working wife not entitled to maintenance 

3) if she is not working she would get one third of your income as maintenance 

4) you can draw attention of court that you have aged dependent parents to look after . court will consider said fact while passing order on maintenance 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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1) if your wife had suppressed material facts of her mental illness you have filed for annulment of marriage on grounds of fraud within period of one year of discovery of fraud 

2) if period of one year has elapsed then you can file for divorce on grounds of mental cruelty

3) wife would get maintenance s she is not working 
Ajay Sethi
Advocate, Mumbai
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1216 Consultations
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You have to contest the case on merits. If she is not working then you will have to prove that she was not subjected to any act of domestic violence. Even if the court holds you liable to maintain her then your liabilities are to be taken into account before fixing the quantum of maintenance.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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I cant afford to give her maintenance just because she is doing drama to avoid to perform her matrimonial duties. 
As i know i am honest I have strong will to fight the truth. Just let me know how to proceed and give a fight to this case. How can i save myself from not giving any alimony or maintenance.

Voluntarily staying away from the matrimonial home without any valid reason also can be considered as desertion by wife hence she would become ineligible to claim maintenance. 
In the following cas settled by Madras high court, the court has categorically denied maintenance to the deserted wife:

K.R. Sagayaraj vs Mrs.C. Rajammal DATED: 12.11.2010
CORAM:     THE HONOURABLE MR. JUSTICE G.M. AKBAR ALI
CRL.O.P.No.22949 of 2009
and M.P.Nos.1 of 2009 and 1 of 2010;
The decision by madras high court in the above case is as under:
“Under Sec.125 Cr.P.C a wife who is unable to maintain herself is entitled for maintenance. Under clause 4 of Sec.125 Cr.P.C., She is not entitled to receive such maintenance from her husband if, without any sufficient reason refuses to live with her husband.”


You can contest the case and repudiate her claim saying that you are always ready and willing to take her back into the matrimonial home and resume the broken marital voyage but it is she who is not willing to rejoin.  This would enable you to tide over the crisis. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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She never performed her matrimonial duties and now she and her parents are doing all the drama also she is under medications. I have still accepted her and also consulted a doctor near my home so that she gets well. 
She never allowed me to have physical relation as a married couple with her as she always get violent due to her illness whenever I have approached her as a husband to love her. 
But now this is just blackmailing of asking for MAINTENANCE AND ALIMONY. 

The problems with her is a never ending tale and it will continue because she is not aware of her serious mental illness hence she is acting the way as per her whims. 
Her parents who are supposed to make her life happy and proper are failing in their duties and not only that they instigate her with false and ill-advises due to which she becomes more violent and reluctant to join you back or towards her matrimonial obligations. 
This situation will not improve until she or her parents take interest in improving the situation, hence at the cost of losing your peace and happiness you cannot continue with this intolerable and peaceless married life, so you can decide further course instead of becoming a victim every day to her atrocities. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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you can force her to come. Husband has right to contest maintenance application filed u/s 125 crpc. You can take plea that wife has no reasonable cause to live separate and you cannot give maintenance without living with you. 

then wife is bound to give evidence that she her reasonable cause to live separate. she must have some medical evidence to prove physical cruelty. 

 
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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place all the evidence which tend to prove her guilty of misconduct but don't file divorce petition. Let her to give counter evidence. if her evidence is sufficient to counter you court can pass order of dismissal of application. then you can file RCR 
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

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