Can someone file 125 crpc case while residing abroad and asking to pay the money for her higher studies in abroad and she also mentioned same in assets and liabilities in 2022. And the actual fact is she already completed her higher studies in abroad(money paid by her husband for her studies and he has proofs for that) and she is doing job since 2019 and earning salary. Husband has her degree certificate and offer letter(signed by her), bank statements from 2019 which has salary details. Also, in 498a which was registered in 2020 she mentioned that she completed masters and got job and earning 2 lakh per month. Husband came to india, lost his job and attending courts since 1 year.
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Wife cannot seek money from husband for higher studies abroad
2) wife is highly qualified and has worked in past earning decent salary .she should meet her own expenses
3) husband cannot be forced to sponsor her studies
4) further husband has lost his job and cannot be saddled with liability to pay for her further studies
Earning wife is not entitled to maintenance. Submit proof to earning by her. Admission made in criminal complaint regarding her earning can be used against her. Even a criminal complaint for making false statement can be filed against her.
The evidences in youre possession would be sufficient to establish that she has substantial income to sustain her expenses, hence you can repudiate her claim on the basis of the evidences in your support.
You can challenge her claim and can extract the truth at the time of cross examination to get her case dismissed.
if you have proof that she has made false statements on oath in her 125 crpc application then bring that to the notice of the Court and press for dismissal of her complaint
Dear Client,
The purpose and object of Section 125 Cr.P.C. is to provide immediate relief to an applicant. An application under Section 125 Cr.P.C. is predicated on two conditions :
Under the third proviso to the amended Section 125, the application for grant of interim maintenance must be disposed of as far as possible within sixty days’ from the date of service of notice on the respondent.
“While there is a tendency on the part of the wife to exaggerate her needs, there is a corresponding tendency by the husband to conceal his actual income.”
If men cannot support themselves financially, they can claim maintenance from their wives who are financially well-off and earning more than them. This can be done under Section 24 of the Hindu Marriage Act, 1955, which mentions both husbands and wives as liable to making such a claim.
Thank You.
She can file if she has jurisdiction to file but she needs to come to India for trial
Yes she can file if the court allowed her petition but it will be dismissed as not maintainable later after the respondent file the WR.
I got exparty divorce in USA and we recently got compromised in 498a case and opposite party submitted signed memo to judge that she is accepting the foreign divorce. I would like to know whether this process is valid.
You have to file petition in HC for quashing of FIR on basis of settlement arrived at in 498 A case
enclose consent terms arrived at with wife
consent affidavit of wife had to be filed
The exparte divorce granted in USA is not recognised as legally valid in India for the marriage solemnised in India as per Indian laws.
You can file a formal mutual consent divorce and can file a petition in that seeking to advance the hearing by waiving the waiting period since the divorce is already taken place at USA, the court will consider your petition and For quashing the 498a case she has to give a NOC before the high court in the form of an affidavit after which the high court will consider the quash petition.
The said signed affidavit and foreign decree of divorce needs to be validated in India
Dear Client,
Consent and Agreement: If both parties involved in the 498a case have come to an agreement or a compromise, it's possible that you have chosen to acknowledge the foreign divorce as part of that compromise. This could potentially be a valid resolution if both parties consent to it and the court accepts your agreement.