CRPC 125, HMA Sec 25,26 CRPC 125, HMA Sec 25,26

5 years ago

My wife married me by hiding her 1st marriage, it was a 3rd marriage for her. She hide about her past history like filing 498A cases on 2 ex husbands, getting permanent alimony etc. She also filed a sexual harassment case, 420 case against a person 1 month before our marriage. Her elder sister also divorcee,she also filed 498A case & got money. Based on this I applied for divorce, filed 420 case. after knowing about my divorce case, she filed divorce with HMA 25,26 for alimony ,child custody in different court. She also filed CRPC125. etc.
1. As she is taken alimony from her 2 ex husbands, is there any judgement to deny her alimony & maintenance? she is post graduate.
2. I have 2 children from 1st marriage. Before marriage we came to a uderstanding that we should not have any children because of finances, age. My wife assured me because of her obesity, BP, Diabetes she is infertile, will not conceive, assured me that she is taking birth control pills etc. She hid about pregnancy for few weeks, when I requested her to abort, she threatened about suicide, police case etc. As there was no child her family desperately want a child, given birth against my wishes. Once delivery was over, keeping child at NICU, she filed 498A.
Due to mental torture, I lost job, doing nothing now, supported by brothers, sisters., I have no income & proof.
HOW THE COURT WILL GIVE MAINTENANCE TO CHILD AND WIFE ? HOW MUCH WHEN THERE IS NO INCOME? KINDLY GUIDE ME

Deepak Yashwantrao Bade

Responded 5 years ago

A.I agreed with advocate sharma and advocate rozario. But you should be file complaint of cheating against your wife.try to collect evidence. It would be helpful for strong complaint reasons. Discuss with lawyer and provide documents regarding your case.
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Anonymous

Replied 5 years ago

Dear Sirs, Thanks for your valuable suggestions. I have already collected CA copies of her past cases, contacted past victims, who are ready to help me by disposing as a witnesses. Based on the materiial evidences I have filed cheating case u/s 420, she was arrested sent to jail ( 10days in jail) which came in news papers. Both my wife and her elder sister are divorcees and have no child. They disperately want a child for their family. I have 2 children from my 1st marriage. By hiding initially and later threatening with police cases, suicide, she conceived a child. Once her goal achieved, she want money and filed false 498A case. My wife filed 498A cases against her 2 Ex- husbands and a sexual harassment case against person. Her elder sister also filed 498A.
1. My wife is MBA and homeo doctor. How can I avoid giving maintenance to her based on her education and she has taken permanent alimony from her 2 ex husbands?
2. The child was born against my wished and threatening me. Now due to mental torture, I'm jobless and 49. I'm dependent on my brother and sister. How can I avoid maintenance to child. I have 2 children from 1 st marriage and divorced in 2006 and got married in 2015. only to be trapped. My 2nd wife is 42 years

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
File a cheating case on her.
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GANESH SHARMA

Responded 5 years ago

A.husaband has to maintain his wife whether he is in job or not. But your case is something different here you need to strike on the intentions and previous conduct of the lady who is marrying just to extort money from boys. Collect the details of the earlier cases of the girl. Contact us for ready assistance
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ROBERT D ROZARIO

Responded 5 years ago

A.Since you're not financially stable, you might consider to approach Free Legal Aid Forum to take up your case on a pro bono basis. But for that you need to fill in the form giving reasons of your income less than INR 1 Lac per annum. (Its better to check on this with them). Once your application is considered and accepted a lawyer will be appointed to take up your case. You can then fight your case without much stress. Since there a new member added to your family, try to resolve the matter amicably with your wife. You both can start with your life once again and apply for suitable jobs. She is a postgraduate, the possibility of her to avail a better job is more. Whatever it may be, just try to work on this amicably. All the best and congratulations for your baby.
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Nirmal Chopra

Responded 5 years ago

A.Better consult personally with all documents. But so far as maintainence is concerned, your wife can be denied maitainence if she left voluntarily.
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Prabhakara S K Shetty

Responded 5 years ago

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A.File a IP in civil Court and tell other courts you earn only5000 per month as labourer. Court will award lesser amount.
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Abhimanyu Shandilya

Responded 5 years ago

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A.Your case is a bit complex and don't think that you can have all the answers here unless a lawyer sits with you and go over the matter in details. But broadly if she was earlier married and and not divorced then you don't have to worry much. In case she has divorced the earlier two husbands and then married you then you have to have an Advocate to handle this case and guide you properly. I would suggest you should meet a lawyer as soon as possible so that he/she can guide you out of this situation.
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