Counter case for Maintenence Sec125
1 year ago
Hi, I got married in Apr2013 and we both were working in private company here, no kids. Legal cases started in 2017 in panckhula as it is her native and to harass me to travel. its been more than 6yrs and no respite, they want to satisfy their ego and taking advantage of law favoring women in India. Current situation, Interim maintaince of 10000rs on me eventhough she is earning 75000rs per month and living with parents in panchkula. She has filed Divorce case also in same family court. As a counter I am planning to file Sec9 from my native place. My question is would that help me as she has filed divorce and does not want to live with me and I on other hand files Sec9 that I am willing to live together, on this ground can maintenance be rejected, also should I serve notice to other part for Sec9 or hold it until they get ex-party, will this help if reappeal done in high court. Please advice. Thanks
AS there is no involvement of kids, you can file a petition regarding the commutation issues and states the aforementioned facts. The Punjab High Court had recently ruled in favour of the husband, so it would not be highly unlikely. If the wife has filed for divorce and the court proceeds with it, maintenance will not be rejected.