need to fight out.
Crpc 125
My wife a filed a complaint against me on 16-12-12 in bpl ps & on same date to sp bpl and mahilla thana bpl, she has been called for counselling but she refused to come She gone to cwa and made a fresh complaint to local ps and sp cwa with different matter on 19-12-12 the sp cwa forwaded the same complaint to sp bpl saying that he is not having jurisdiction On 22-02-13 she again filed a fresh complaint with different matter for which fir is registered u/s 498a ,dpa 3,4 /34 She filed a complaint u/s 125 crpc on the basis of 19-12-12 My question is can i discharge 125 crpc or what should i do
Asked 10 years ago in Family Law
Religion: Hindu
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6 Answers
You will have to contest the matter.Engage a local expert lawyer.
you have fight case on merits since it is case of maintenance & no concern with other cases
Dear Querist
section 125 of Cr.P.C is for maintenance and being a legal wedded wife if she is unable to maintain herself and have sufficient reason to live separately then you are bound to pay the maintenance amount as per your income and status.
you wont get discharge in section 125 cr Pc case . it is wife claim for maintenance if she is unable to maintain herself .
2) you have not mentioned whether your wife is working or not . if she is working she may not get maintenance
1. She is within her rights to claim maintenance and file a petition u/s125 of Cr.P.C. if she is unemployed and/or is unable to maintain herself,
2. You can contest her said petition if your wife is enmployed and capable of maintaining herself,
3. Recently the Apex Court has opined that highly qualified wife is capable of earning and maintaing her self for which she is not entitled to any maintenance from her husband.
