A Few Notes On CrPC 125

The credit for this info goes to the original poster/researcher, a great guy and a true 498A warrior.

A Few Notes On Crpc 125

1. The code has dangerous implications – any wife (that includes divorced women) may file a petition for maintenance under CrPC 125. In the event that she doesn’t marry anyone, you are liable for her maintenance for the remainder of her life. You are liable no matter what, whether you pay or you don’t that’s your choice. If you don’t pay maintenance, the Order can go to execution resulting in a warrant against you and potentially Passport cancellation (Passport Act, 1967) – I repeat, passport cancellation – that DOES NOT mean you will be extradited – but it’s a concern nevertheless.

2. Divorced wife means – whether she lives in adultery doesnt affect her rights to maintenance – ONLY if she is capable of earning on her own (has a job) OR gets married – then you are off the hook. Or, you may get US or Canadian citizenship in which case the Indian law doesn’t affect you unless you land in India. Unpaid maintenance resulting in a warrant still remains valid within Indian jurisdiction.

3. Most importantly, US divorce – contested, uncontested, ex-parte, mutual consent, whatever… don’t matter in the case of CrPC 125……the Magistrate at the lower court, may upon his/her discretion, ignore the US court’s verdict. His call on “change of circumstances” is final… if the girl had a job in the US (legal or illegal) and she returns to India just for fun… that’s a change in fiscal circumstance and she may be entitled for maintenance u/s CrPC 125.

Even if you pay/settle in the U.S. or India – she may still claim and get more maintenance, if she has reasons – such as a medical need or any other life events that have changed her fiscal condition (she has blown all the money you had paid in permanent maintenance) .

No matter how fool proof your marital termination agreement here is, she can claim and get maintenance u/s CrPC 125. Monetary sanctions against a wife levied in the US has no impact in India as Indian law and judgments will be based on Indian public policy and socio-economic context.

4. The only silver lining is – if you can smoke her out in the U.S. to participate in a contested divorce, at least the divorce is valid in India.

5. Finally, marital misconduct in the U.S. such as restraining orders on wife’s or arrests of abusive wives may have some feeble impact, if any, on the “FINAL” maintenance order. As far as the interim “maintenance pendente lite” – court awards temporary maintenance based on prima facie assumption of truth on the girl’s petition and cursory review of preliminary facts.

Bad news huh? Well, I learned it/learning it the hard way.

This doesn’t mean however, that we shouldn’t fight – if your case has merits (or so you think) – keep fighting… the ONLY two prongs we have -

1. Lengthier procedure may frustrate the girl’s party

2. She may get married…Hope and pray that she gets married

In this gloom and doom, some rays of hope:

  • Mumbai HC: Deserting without just Cause. No Maintenance
  • THE HIGH COURT AT CALCUTTA
    Criminal Revisional Jurisdiction
    Appellate Side

    Amal Mukherjee
    versus
    Pranati Mukherjee & Anr.

    C.R.R. NO. 399 of 2007

    In the case of Md. Jahangir Khan Vs. Mst. Manoara Bibi, reported  in 1992 Cri L.J. 83, a Division Bench of our High Court held that the future salary not being a tangible corporeal property the same cannot be attached for recovery of the arrear maintenance.

  • More to come…

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71 Responses to “A Few Notes On CrPC 125”


  1. 1 K.Ratnakishore October 20, 2008 at 12:31 pm

    Dear Sirs,

    Please advise on DVAct she has kept cases on all my Family members, ie., brother, Mother expired, two sisters and brother in laws who stays away from me from past 8 years.
    In our groups i came to know in DV act women need not present in court against women and there are some judgements also kidly send me the same are give me advise.
    My sisters should not present in the court.

    K.Ratnakishore
    9299158332

    • 2 shivinder pal sangrur March 31, 2013 at 5:43 am

      125 crpc is civil in nature although its proceedings are criminal and it can be Exparte
      it is kept under criminal to give fast remedy to children and wives
      it can be exparte and judge can not compel respondent to appear in court
      Birbal vs Bimla Devi 1992 Himachal High court

      chinnappaiyan vs chinnathayee 3rd Feb 2010 Madras High court

      • 3 siranjeet December 24, 2013 at 12:37 pm

        Exemption from personal appearance in 125 crpc

        1 personal appearance can be dispensed with advocate in 125 crpc

        Naushad vs Naseema Beevi:DOD 15.12.1993:Kerala High Court : 1994 (1) CCC 471(Kerala)

        Crl. M. C. No. 1313 of 1990 and date of decision 15.12.1993 by justice K.T.Thomas

        2 one should take the help of Apex court Judgement that proceeding u/s 125 crpc is Civil In nature
        Iqbal Bano vs State of U.P.: AIR 2007 SC 2215——–SC
        siranjeet

  2. 4 Rajesh October 28, 2008 at 6:31 pm

    Ratna Kishore,
    I gues, DV Act is ONLY APPLICABLE ON MALE ADULTS

    i.e. Male person
    and more than 18 years of age.

    if your sisters name is in the case, goto HC and quash and join SIF, you will get a lot of help.

    SIF is non-profit organisation and for any consultation, help or assitance its free….

    it is because ALL members of SIF are one or otherway in your a-like position. and fighting for justice

    • 5 Shivinder pal sangrur June 20, 2014 at 1:53 am

      If both parents are earning then maintenance is divided in ratio of their salaries

      Padmja sharma vs ratan Lal sharma : air 2000 sc 1398

  3. 6 mukand December 11, 2008 at 8:53 am

    Dont be afraid and fight.
    Try arguing the case yourself its better. most lawyers cant argue or put forward your case. take exemption from appearing for anyone you want, courts are generally not very particular of personal appearance.

    Secondly there is nothing to be afraid of facing DV cases, what i mean there is no immediate concern of arrest or the like unless u try not to adhere to anorder already passed.

    just stay cool.

  4. 7 abid saquib July 14, 2009 at 8:50 am

    my wife file case 2006 in family court for maintence.she was x party n court oder pay 2000rs every month n i m paying now again she sue in the court for increment 20000rs every month.according to her my salary is 80000rs.but she does not ve any proof for mmy salary,even she does not know which company i m working.i m working abroad,my qualification is civil engineer,she can not proove whether i m working as a engineer.my question is whether she sue every year for incremental or not.for incremental whether it is required salary certificate or not.my father n mother is depend on me.i dont ve any assert in india.advice me second i want to keep with me but she refuse to stay my home.i want to give seprate house.i m ready to give all facility but i dont want to pay maintence.this time i m fighting case,so pls advise me what to do.

    • 8 ruchitha1974 June 14, 2014 at 9:28 am

      give the reply to the court along with your advocate, that you are willing to give seperate residence to her and you said that she is not willing to come to reside with you, you file RCR in court along with with your advocate.

  5. 9 abid saquib July 14, 2009 at 8:55 am

    one thing i would like to mention she filed 498a case,this reson is enough to take maintence.i marred 1998 since now most of the time i m in abroad.she filed case in 2006 as soon as i came india.case is going on.every where she refused to stay with me.everywhere i m keep telling i will keep with my house.pls advise

    • 10 DIPAK PATEL April 9, 2011 at 10:33 pm

      Hello Dear i am also victim of same thing but if you and your family is in U.S. then don’t bother her paying anything let them fucking suffer ! I denied court maintenance and i am living happy life in U.S. no arrest no questions asked………….it’s a free country just breathe free !!!

      • 11 Pradeep Vaid May 31, 2013 at 8:26 am

        I got married in 2006 and then in 2008 I had one daughter, who was born in Delhi, whom I love her very much and without her I think my life is not at all successful.

        Since our beginning of the marriage only, My Mother in-law is creating issues or misunderstandings which are not issue at all. She is very nagging in nature. Never gets satisfied with anything. My mother-in-law is quite dominating in nature and also very stubborn. She wants to gain control on everything which I possess. And the same thing has been reflecting in my wife’s attitude. My father-in-law is a totally henpecked husband. Nobody from my wife’s family support me even when they know I am totally right, which really frustrates me.

        Here is the date of incidents:

        Dec, 2006 — Got Married

        May, 2008 – Got blessed with Daughter in Delhi (India)

        Jul, 2011 – Got blessed with Son in Delhi (India)

        From the birth of my son she will never come in our our home last year she lodge a complaint in caw cell in kirti nagar against me along with my old age Dad and Mom and younger brother also all the allegation she filed is totally wrong I’ll prove over there after six months and then my mother in-law close the case temporary and now she made a case for maintenance u/s ipc125 in Tis-Hazare court what should I do…

    • 12 ruchitha1974 June 14, 2014 at 9:31 am

      you filed a cese in 2006, you are willing to keep your wife with you but she is not willing, FIRST U FILE rcr AND next file for judicial seperation.

  6. 13 Ashok Sharma September 16, 2009 at 9:53 am

    I was married to Smt. Chanchal Sharma alias Mrs Uma Sharma through Marriage Bureau owned by one Shri Jagdish Mishra on 19th April, 2008 As per Hindu rites . This marriage was solemnized without dowry as per agreement duly signed by me.
    On 12th March, 2009, I came to know from the ultrasound report
    That my wife had twin pregnancy. As per medical report,
    life of my wife was in danger due to double pregnancy
    On 27th April, 2009 I came to know from medical report that one baby had already been damaged due to shortage of space. I got her admitted in Hospital, New Delhi
    At that time when I was worried about precious life of my wife, but my in-laws started abusing and cursing me even in the hospital. They also threatened to kill me and they put all blame for her condition in the hospital. I paid all the medical expenses for her treatment to hospital in cash A copy of the hospital receipt is enclosed herewith for your Ready reference. On 3rd May, 2009 at 6.20 p.m my in-laws along with their relatives and anti-social elements came in 5-6 cars and started beating me and my old aged mother without any reasons. I also informed three times -06.25, 6.30 and 6.35 to Delhi Police through 100 when they were beating my old aged mother mercilessly (A statement written by my wife is enclosed herewith for your reference.
    After one week I went to my in-laws house to take my wife with me in my own house as I loved her much and they promised me to send my wife at my house after 10 days.
    I was shocled and surprised to receive a notice from Women Cell, on 25th May, 2009 wherein I was directed to attend their office on 4th June, 2009.
    my wife file case in court for maintence.

    Please help me
    I was abused and hurt by my her mother and other relatives 4th June, 2009. My wife was demanding maintenance charges and alleged items of dowry.

    • 14 Not Required November 13, 2009 at 2:20 am

      Ashok, What kind of a person are you that when these people were beating up your mother, you were trying to call the police. Any person would have tried to counter to save the old lady and then call the police.

  7. 15 Ashok Sharma September 16, 2009 at 9:55 am

    my wife file case in court for maintence.

    Please help me

  8. 16 chaithanya November 5, 2009 at 4:18 am

    hi, i am from hyderabad india working in USA. i got married in Aug-008. recently my parents, younger brother and I became the victims of 498a. i filed annulment in Feb-2009 and my wife filed false 498a in Aug-2009. She did not sign the FIR. i heard FIR must be signed otherwise it is not valid. right now we all r on anticipatory bail. we have recently filed 498a quash in high court of AP. can someone please tell me whether we can quash 498a on the following grounds:
    1. FIR – not signed
    2. Annulment was filed in Feb-2009 and 498a was filed in Aug-2009.

    i came to india in jan-2009, dropped her at her home (with her parents), filed for annulment in the family court in hyderabad and left to USA in Feb-2009. since then i did not contact her and she is living with her parents.

    please help me and kindly send me 498a quash judgements if you have any on the above grounds. this wud be a great help. thank you so much in advance. my email id is chaithu45656@yahoo.com

  9. 18 sonali December 16, 2009 at 10:31 am

    hi,
    though you seem to be against women,still i send with great hope. need latest supreme court rules on 125 cr pc for maintenence.fought case for 7 years case falsely dismissed.husband on dock admittted wants to way maintenence.admitted me housewife.admitted me good and dutiful housewife.admitted never to contact me since 19.08.1999.saying desertion ground. because i did not file g.d. against husband on the day he kicked me out. can you help. i know nothing about computers.great difficulty found your website. sorry to bother you. me fighting my case in person in kolkata high court.can you help me

  10. 19 Arjun December 19, 2009 at 9:14 am

    Dear all,

    my wife show that my income 21,000.But actual income 4000, can any tell me that is wife responsebility of to prove to my income is 21,000, and she demond is 7000.
    that is tottly faulse case, can jugdement in my favour

  11. 21 Sourav January 21, 2010 at 12:24 pm

    Dear all,

    My wief is asking for a maintenance of lumpsum of Rs.30 lacs,my 2 year old kid is with her &she is professionally well qualified & from a well to do family. Where as both my old parents are dependent on me & also I was unemployed for quite a few months due to recession.

    My entire bellonging is with her, also the car etc. She took the entire stuff to her mothers place when I was in my hometown attending my ailling father. She also went to the family court & did all the nasty stuffs on me. Her mother is also a devorcee, she got devorced 1.5 year back & my wief got carried away by her effect.

    She also filed u/s 125 & i did u/s 9 to counter the 498.

    Presently I am going through a very bad mental trauma.

    Pl suggest what to do.

    • 22 Pradeep Vaid May 31, 2013 at 9:26 am

      Dear all,

      My wife is asking for a maintenance of lumpsum of Rs.35k every month,my 5 year old Daughter and 22month old son is with her & she is quite qualified & from a economically healthy family. Where as both my old parents are dependent on me & also I was unemployed for quite a few months due to depression.

      My entire belonging is with her.She took the entire stuff to her mothers place when I was in my at home attending my ailling mother. She also went to the family court & did all the nasty stuffs on me. My mother in-law creating issues which are not issues at all and misunderstandings all the time after marriage My mother-in-law is quite dominating in nature and also very stubborn. She wants to gain control on everything which I possess. And the same thing has been reflecting in my wife’s attitude. My father-in-law is a totally henpecked husband. Nobody from my wife’s family support me even when they know I am totally right, which really frustrates me.On 8th Jan, 2012/Sun evening at 6.00 p.m my in-laws along with their relatives and anti-social elements among 3 to 4people were drunk came in 2-3 cars and threatened to kill us and they put all blame like I’m a drinker and not a responsible kind of person and use vulgar language for getting excited to create a drama like in there family culture which I seems often.
      Actually my mother in-law wash her mind and use her as a suicide bomber and try to destroy our family and my wife is not understanding the fact she is not in a position to think what is good and what is bed for our future which involves our beautiful kids also.

      Here is the date of incidents:

      Dec, 2006 — Got Married

      May, 2008 – Got blessed with Daughter in Delhi (India)

      Jul, 2011 – Got blessed with Son in Delhi (India)

      From the birth of my son she will never come in our our home last year she lodge a complaint in caw cell in kirti nagar against me along with my old age Dad and Mom and younger brother also all the allegation she filed is totally wrong I’ll prove over there after six months and then my mother in-law close the case temporary and now she made a case for maintenance u/s ipc125 in Tis-Hazare court what should I do…

      She also filed u/s 125 .

      Presently I am going through a very bad mental trauma.

      Pl suggest what to do.

      • 23 ruchitha1974 June 14, 2014 at 9:40 am

        go for discharge petition for your old parents as per senior citizens sections and fight your case like brave heart nothing to worry.

  12. 24 JANAK M PALSANAWALA March 22, 2010 at 4:28 am

    dear all,
    wief is asking for a maintenance of 3250/- per onth since 40 months, my 11 year old kid is with her & she is work at beauty parlour & from a well to do family. Where as both my old parents are dependent on me & also I was employed for privet firm and my monthly salary 3500/- per month.

    My entire bellonging is with her, also the car etc. She took the entire stuff to her mothers place when I was in my hometown attending my ailling father. She also went to the family court & did all the nasty stuffs on me. Her brother is also a devorcee, he got devorced 2.5 year back & my wief got carried away by his effect.

    She also filed u/s 125 ( 3 ) & i did u/s 9 to counter the 498.

    Presently I am going through a very bad mental trauma.

    Pl suggest what to do.

  13. 25 amol yadav March 29, 2010 at 6:39 am

    if wife is doctor can earn her own and she have filed maintenance case against husband what r the chances.No child.please send me what to do

    • 26 kkmittal April 20, 2010 at 5:01 am

      She cannot claim any maitain ence. Pl read Hindu marrige act section 24 carefully.Go through judgements of Justice Dhingra available on this site on the subject.

    • 27 shivinder pal sangrur March 31, 2013 at 6:20 am

      u have to prove that ur wife is well qualified doctor and her past and present job status add also her earnings in 125 crpc or 24 HMA which may apply to you
      Mamta jaiswal vs Rajesh jaiswal :MP HC 2000 DMC 170
      Damanreet kaur vs Indermeet Juneja Delhi HC 2012
      judgment by Shiv Narin Dhingra for no maintenance to well Qualified doctor

    • 28 ashok October 23, 2013 at 12:31 pm

      she can filed, but u prove she earn more than u, otherwise she prove husband earning more than u

    • 29 ruchitha1974 June 14, 2014 at 9:43 am

      your wife is a doctor and she can earn her bread and butter very easily .
      use the technique that your wife is well educated and earning lady.
      and one more thing that you dont have any baby( you can loss your case in lower court, session court but 200% you can won the case in high court very easily search for shivnarayan dingra judgements you will get lot of enery to fight your case.

  14. 30 adv Kanchan R. Sutar April 19, 2010 at 12:34 pm

    Can we filed an application for recopvery of maintainance u/s 125(3) of cr.p.c. for last 3years that is is backadated or only for one year?

  15. 31 adv Kanchan R. Sutar April 19, 2010 at 12:35 pm

    Can we filed an application for recopvery of maintainance u/s 125(3) of cr.p.c. for last 3years that is is backadated or only for one year? please suggest any case laws if you know.

    • 32 shivinder pal sangrur June 4, 2013 at 1:11 am

      advo Kanchan R Sutar

      under 125 crpc wife can take arrear of maintenance only one year back and not 3 year back

      Jangam Srinivasa Rao vs Jangam Rajeswari And Anr. on 31 March, 1989
      Andhra High court Equivalent citations: 1990 CriLJ 2506

  16. 33 kkmittal April 20, 2010 at 5:02 am

    I understand no maitainence already paid cannot be recovered.

  17. 34 kkmittal April 20, 2010 at 5:04 am

    I understand that maitainence already paid cannot be recovered. Pl give the reasons for asking this question

  18. 35 chaithu45656@yahoo.com April 29, 2010 at 2:11 am

    HI:

    my sister-in-law filed false 498a in Mid-2009 on my whole family (parents, brother and myself). My parents and I got stay of arrest from HC. she filed in mid-2009. i have been in the US for the last 6yrs. I visit india during my brother’s wedding. My brother dropped her at her home in Jan-2009 and filed for divorce after she was caught cheating on him.

    Now i am thinking to sue her. i am planning to file as many cases as possible to teach her and her parents a lesson. I dont know whether i am considered an NRI or non-NRI. all i want to do is file as many cases against them as possible and teach them how much pain we are going through. can someone please help me whether i can do that. i am on a working visa in US. my brother’s divorce is still going on in one of the indian local courts as she is not willing to give divorce and now wants maintenance.

    As a brother-in-law and since i am living in US i am thinking i can sue her and her family members. please help me here. i want to know what all charges i can file on them and how to approach. can i sue them now or do i need to wait until the 498a is quashed? please reply. thanks in advance.

  19. 37 vivek Kumar May 30, 2010 at 2:39 pm

    sir can you help me my wife has been false case 498a, 323, 506,3/4,44/09 aginest my father ,mother ,younger sister & brother, after that she file DV act 2006, and demanding 10000 thousand permonth & and 250000( two fifty lack about harrsment )in DV act 2006, then she file case of 125 IPC maintenance. and she saying that we are harresment to her for car & one lack rupees. now am suffering 09917320848

    • 38 ruchitha1974 June 14, 2014 at 9:48 am

      this is my mobile no 9989157151, be cool nothing will happen for every allgation evidence is needed. and i am from hyderabad

  20. 39 PRADEEP November 2, 2010 at 4:59 pm

    Dear all,i am unemployed.My education is upto B.Sc. & currently i am in the final yr of law.My wife M.Sc.Now i have read justice Dhingra’s judgement u/s 125 that a jobless husband can not be forced to pay maintenance.But it is the judgement of Delhi H.C.And in my case the bombay bench of Aurangabad H.C.Is the juridiction.So the said judgement is not binding on the said court.So if you can please send me some judgements of Bombay H.C.I will be grateful to you as i want to file a revision petition and i think my plus pointi are 1 My wife is more educated than me.2 both of us are unemployed 3 i an still studying 4 i have no child out of the marriage. 5 in the lower court she was unable to prove my income source 6 i have no property in my name 7 our ancestral property is a farm of 4 acre area of which will of the half is made by my grandmother in the name of my elder brother as my grandfather is passed away and the remaining land has six successor.Moreover two old houses in the town which is given on nominal rent and is looked after by my grandmother. And please suggest if you reply where should i find your reply.Sincerely yours PRADEEP

  21. 40 jyotirmay Das December 19, 2010 at 3:11 pm

    I am a resident of Kolkata.My wife filed maintenance case against me in Family Court at Allahabad. My earnings from 2 colleges as Part-time lecturers was Rs8,000/-i.e Rs 4,000/- from each college.Court passed the order for paying herself Rs3,000/- p.m .I have paid Rs3,000/-for seven months.Thereafter,I have to resign from one college as some full time Lecturer has been apponted and as my my monthly income has been reduced to Rs4,000/-.Moreover,due gap of the distance I have to incur at least Rs 1,800/- for attending at Family Court,Allahabad .I have obtained previously ex parte decree of restitution of conjugal right from Family Court,Kolkata u/s 9 of Hindu Marriage Act .Allahabad Family Court knows the order but awarded and allowed the wife’s ex parte order of divrce u/s 13 of H.M Act. I have moved High Court,Allahabad against the said order of Family Court,Allahabad.It is pending .Tell me as to how much maintenance is payable legally for Rs4,000/-p.m ,giving supreme court judgements ,if any.Wife is not interested to come back.

  22. 42 Deep Pal May 25, 2011 at 8:33 am

    I am trapped by a cheat family headed by “Suvas Chowdhury”,and the cruel and greedy lady “Minati Chowdhury” of Farakka NTPC,House No.B-258,Pubarun,Dist. Malda. They trapped me by make arrangement of marriage with their elder daughter “Suparna Chowdhury” who is nymphomaniac and perverted. After marriage (solemnised on 4.02.2009)within 6 months i come to know about their tricks regarding snatch the money from our family. Now they filed false 498A and Sec.125 against me, my old parents and my uncle.We are facing and fighiting the case with full of courage because we know we are not guilty. If any lawyer can suggest me regarding this case please advice. AND ITS AN ALARM TO ALL — BE VERY AWARE ABOUT THE ABOVE STATED FAMILY AS THEY WILL TRY TO GET ANOTHER MAN WITH LOTS OF MONEY AND START THEIR BUSINESS AGAIN.(Their another daughter name is Ritu Chowdhury who is also a perverted and greedy lady).

    Deep Pal
    Durgapur-713210
    Burdwan
    West Bengal

    • 43 Amit August 18, 2012 at 7:27 pm

      Hi Deep,
      I understand ur emotions and i really support ur cause even I am under such a circumstance. I can only warn u do not use their names in public until u win the case as they can use this as a weapon to file defamation case against u..better delete their names from blogs and hold ur emotions keep fighting but with ur wisdom. I am sure u will win but have patience and we are all with u.God bless.

    • 44 shivinder pal sangrur March 31, 2013 at 6:10 am

      read 498a survival kit available on various sites to escape from mesh of these persons if u are really innocent

    • 45 ruchitha1974 June 14, 2014 at 9:51 am

      search for sheenoy kapoor in net sure he will advise u in a best way

  23. 46 krishankmittal May 26, 2011 at 4:02 am

    Lodge a Tax Evasion petition against them with Director I T Investigation giving details. Press your advocate to file case under doewry prohibion act. I have done this successfully in my son’s case.You may write to me for this at krishankmittal@rediffmail.com

    • 47 shivinder pal sangrur June 4, 2013 at 1:18 am

      Tax Evasion petition (TEP ) against in laws is effective tool to come out of false dowry cases who claim high expenses in marriage

      If wife’s parents are in govt employee then file compliant u/s 13A of employee service conduct rules 1966 to higher officer of their department as giving dowry is also crime

  24. 48 Narender June 10, 2011 at 12:39 pm

    hi friends i have a 498a bitch. till now i have not yet received any summon of 125 maintenance- i am a government servant. Serving in air force. my salary is around 23000. i have a doughter she is also with her. wt is d possibilities of maintenance how much money i hv to paid her. how can i counter maintenance case. she has not any job. she know stiching. how can i fight against her,

    • 49 Aditya Kumar August 25, 2011 at 11:19 am

      Hi Friends, I have also a 498a bitch….
      If you are facing 125 maintenance, and you are govt. employee, but your wife is not working, practically says you have to ready to give them the money and tht money she will use to give her lawyer against you….

      In case of 498A – If you are facing, Its nothing if you get bail and chargesheet filed in court…. it will take 10 to 12 years and in last you will be discharge from 498A

      In case of 406 – She must have to proove all the bills, invoices of her Stridhan which she said…. I sure she did not have nothing like this, Its mean you will be discharged from the 406

      One more thing, If you are facing these sections, dont loose your mind, your mind is ur friend thn you can fight, at last its nothing, Court wants only proofs n just proofs….

  25. 51 krishnasai March 25, 2012 at 6:02 pm

    i had an ideal register marriage, performed with a battle in 1991.
    we had many in-fights during this 20 year marital life and we are also blessed with 4 children. To improve my financial status I accepted job in saudi. After that I procured one big house and one apartment. During these years she swindled lot of money and never produced accounts. I declined her huge cash demands and tried to pay most of the payments through cheques. She kept my father away from managing from 2009 onwards. My parents were living separately in rented house for the last15 years. Recently she filed 498a on 19-Agu-2011, when I refused to give her cash 1 lakh, to pay my son’s engg college fees. I arranged the payment through my father. The CI mentioned IPC 498A, 323, 34 mentioning that we “harassed her mentally & physically to bring additional dowry”. Our lawyer prevented the arrest of my parents. But she expelled my parents from my 2nd house-apartment, with the help of police.The first hearing is still due. Our lawyer says we need to wait till that. Please advise what precautionary steps shall we take and what can happen subsequently in the 1st hearing. I am away in
    Saudi, since 31-May-2011.

    • 52 siranjeet sandhu April 26, 2012 at 11:12 am

      wife has no right on property/ house which is name of her father/ mother in law and for this purpose u can use SC judgement (s k batra vs Smt.Taruna batra 2007 (3) SCC169)

      • 53 krishnasai April 27, 2012 at 2:19 pm

        thanks for reply. both the properties are in my name. i had sent authorization to my father to reside/owner’s rights but police helped her and expelled my parents. they did not give anything in writing but exercised goondaism. when my father demanded them to give something in writing, they threatened him, that they will file different criminal case. at 76 yrs, my father cannot fight, so he vacated the house. she put a second lock/unauthorized lock to the apartment. she is staying comfortably in my first house. my son was managing the house. but she harassed him at his engg college. he sent me an e-mail that he cannot manage further. i have decided not to send her a single rupee, until my parents get restored in the apartment. DV & 498a 1st hearing over this month and adjourned to next month. this is my present status.

      • 54 shivinder pal sangrur February 26, 2013 at 11:05 pm

        batra vs batra is very good judgment by apex court for defining shared house and matrimonial home

        if govt wants to make these meaningless gender biased laws for example if newly married wife resides in govt accomudation provided to husband and then govt should give right to that wife in that govt accomudation after divorce as this become her matrimonial home then all govt accomudation will be the property of arrogant wives/ estranged/ divorced wives

      • 55 ruchitha1974 June 14, 2014 at 9:52 am

        approach HRC along with your parents

    • 56 siranjeet sandhu May 2, 2012 at 3:47 pm

      ur parents can file case for trespassing u/s 442 ipc and section 442 to 4601pc deals with trespassing. and u should manage that ur autherization given to parents should be before the date of trespass by ur wife.

      • 57 Amit August 18, 2012 at 7:38 pm

        hi krishnasai,
        After 20 yrs she cannot file 498a this is in itself a ground to quash the case.. fight firm 498a is applicable until 7yrs of marriage even though police can be bribed to file an FIR but arguably u can fight to get the case quashed…more over she doesnt have the right to ask ur parents to go out as they r entitled to stay with u..ask ur parents to file a case against her..as u r dutifully entitled to maintain ur parents and so they can file a case against ur wife as she also must respect this law..

      • 58 krishnasai August 19, 2012 at 10:00 am

        Thanks Mr. Amit,

        Recently I took my vacation in Jun’12.
        I stayed in hyd and tried warrant recall in vizianagaram (vzm) district court.
        Lower court dismissed my petition.
        I appealed in high court. Petition was allowed and warrant recalled.
        I have changed lawyer vzm.
        Executed HC order in vzm with great difficulty and became free.

        She turned down all compromise offers in view that she can avenge.
        Hence even police were also fed up her arrogance and pervert nature.

        Counters filed
        Divorce Case.
        Bind over case against bi*** her family for unlawful evacuation of my parents.

        I sold my house to my mother and sale deed executed and now she will send a notice to the bi*** to vacate the house.
        I am paying rent to my mother and claim this as part of maintenance of my bi*** and 2 daughters.

        My two sons came to me through police station. She can no more file any kidnap cases.
        After one year continuous feeding of police they turned impotent against HC order and they lick more the currency rather than p**sy.

        Now she will be crushed under the iron wheels of time and court proceedings.
        I gave a declaration in the DVC to the protection officer, that I will obey SC orders verbatim and will fight all false 498A & DV cases till last breath for justice.
        I flew back to Saudi, shattering her dream that “I must lose job permanently “ and she wished that I could never take a flight back to Saudi.

        I settled my parents and provided them best lawyer who is a supporter of SIFF.

        Now my best weapon is Indian kanoon.
        I am very happy but not relaxed – the fight is on and goes on and on, until I book them for each and every scene they made and I will complicate the case.
        I do not want this to be quashed.
        I want to face the trial and emerge acquitted. File perjury and defamation and I will punish her with Indian bald widow law.
        Even her bitter enemies will go to her to console and show their sympathy in the next decade.

        Hail Mamata banarjee for her statement “judgment can be bought” – the true phenomena of Indian judiciary.

        I welcome your comments.

  26. 59 siranjeet sandhu April 24, 2012 at 8:04 am

    In materimonial dispute/war “wife is like Knife” and “husdand is like apple” either apple strikes the knife or knife stikes apples, harm is always to apple (man)

  27. 61 siranjeet sandhu April 24, 2012 at 8:06 am

    In materimonial dispute/war “wife is like Knife” and “husband is like apple” either apple strikes the knife or knife stikes apples, harm is always to apple (man)

  28. 63 siranjeet sandhu April 24, 2012 at 8:29 am

    Maintenance u/s 125 Crpc or u/s 24 HMA for man is like ‘ giving milk to snake(wife)’ and making enemy more stronger for self destruction

  29. 64 srinivas jarugu September 24, 2012 at 11:17 am

    most of womens are playing endanger game with boys for extorting money.with totally wrong and fraud allegations. they are only money orientd persons. the law and courts also supported to them . lastly most of male judges also totally supporting them its very unlucky to our society.

    • 65 shivinder pal sangrur February 26, 2013 at 10:50 pm

      as per article 15 of constitution of india there is provision of making special laws for women if needed hence this article is misused by feminists for making new gender biased laws
      only victims knows about misuse of laws and rest of society is sleeping and ignoring till they entangled in false gender biased case

  30. 66 shivinder pal sangrur February 3, 2013 at 1:04 pm

    As section 125 crpc is misused by unscrupuious women there are following judgments for use of victims( husbands/ parents/children)

    Duty of women under section Crpc 125

    1 Maintenance of children joint duty of both parents

    A Padmja Sharma vs Ratan Lal Sharma on 28/3/2000
    Equivalent citations: AIR 2000 SC 1398, I (2000) DMC 621,
    2000 II OLR SC 85, (2004 (4) SCC 266).

    B THULASIDHARAN .Vs SHINE,W/O.THULASIDHARAN, THE HIGH
    COURT OF KERALA

    2 Child can claim maintenance from mother u/s 125 crpc
    Madhuri Bai vs Minor Surendra Kumar And Anr. on 24 April, 1998
    Equivalent citations: 2000 (1) MPHT 602

    3 Parents can claim maintenance from daughter u/s 125 crpc
    Dr. (Mrs.) Vijaya Manohar Arbat vs Kashi Rao Rajaram Sawai And
    Anr on 18 February, 1987
    Equivalent citations: 1987 AIR 1100, 1987 SCR (2) 331

    Bhagwan Dutt v. Kamla Devi, [1975] 2 SCC 386,

    M. Areera Beevi v. Dr. K.M. Sahib, [1983] Cr.L.J. 412, the Kerala
    High Court

    Repalli Masthanamma v. Thota Sriramulu, [1982] An.W.R.393,
    Andhra Pradesh High Court

    4 Parents can claim maintenance from married daughter u/s 125
    crpc
    M. Areera Beevi v. Dr. K.M. Sahib, [1983] Cr.L.J. 412

    Repalli Masthanamma v. Thota Sriramulu, [1982] An. W.R. 393,
    approved

  31. 67 shivinder pal sangrur February 3, 2013 at 2:48 pm

    well qualified and previously employed women……………No maintenance

    Mamta Jaiwal vs Rajesh Jaiswal MP High court : DMC 2000 (2) 170
    Damanreet Kaur vd Indermeet Singh juneja 14 May 2012 Delhi high court

    • 68 shivinder pal sangrur June 4, 2013 at 1:25 am

      unemployed husband cannot forced to pay maintenance to wife

      Sanjay Bhardwaj vs State of Delhi 2010 Delhi High Court by Justice Shiv Narin Dhingra

      • 69 b.mallick October 13, 2013 at 2:51 pm

        On 08.05.1998. i was forcibly married by my father under the instruction of my father in law. As her younger daughter at the age of 12, ran away with other community boy.It was a huge prestige issue in order to recover this. he told my father if i get marry with her elder daughter, he will arrange a job for me at Kolkata municipal corporation when i complete my studies.At the time of marry i was just 17 yrs old.and she was just 16 yrs. she stayed with me for 11 months & kept on instructing me to stay at myt in laws house. 0n 20.04.1999 with ill motives. under the instruction of her father she left my house.and filled 498a,406,when she was just 17yrs by suppressing the facts.fir copy also revels that she was 17 yrs.and she filled 125.After that her father her father started demanding huge amount of money for divorce.so case is on i have a daughte rof 14 yrs with her. till date we are living separately.my lawyers didnot guide me properly,never told me about Childs marriage acts of 2006t DECREE OF NULLITY & I was also unawer of this act. How can i get remedy from this please help me my life has become heal

  32. 70 emerson knives March 14, 2014 at 8:44 pm

    Great post. I used to be checking continuously this blog and I am inspired!
    Extremely helpful information particularly the closing
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  33. 71 Dillip Kumar Nanda July 20, 2014 at 8:56 am

    I have a doubt. suppose a wife petitioner filed execution demanding for a year.but did not file on the date on which date it becomes due.means petitioner filed petition from of the period 2.1.2013 to 1.1.2014 .but filed before the court for execution on 15.1.2014. Question is can the op husband take its advantages that this is not maintainable and the said petion could have been filed on 2.1.2014


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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