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DIVORCE LAWYERS
04-12-2024

Hi All.... If wife willfully without any reason left husband home and reside with her parents 1 and half years are passed. Wife register false allegations in her domestic voilence case and 125 maintenance case. In 125 maintenance husband was submitted evidences that allegations mentioned by wife is false in court. Same copy paste false allegations mentioned in both domestic voilence and 125 maintenance case. What it will effect on wife 125 maintenance case can husband bound to pay wife interim and permanent maintenance to wife under this circumstances. Husband parents are is senior citizen and has suffering diseases unable to travel to wife district to attend domestic voilence case proceedings how can their names are removed from domestic voilence case. Kindly provide me section 125(4) court judgements with their title and year.

•Answers Posted by Experts
Response 1.

Dear Sir, irrespective your difficulties you must pay something to keep away the wife from starving. But now the situation changed, the wives claiming huge amount on false allegations and demonstrating themselves as unemployed.

Kishan Dutt
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Response 2.

Dear Sir, irrespective your difficulties you must pay something to keep away the wife from starving. But now the situation changed, the wives claiming huge amount on false allegations and demonstrating themselves as unemployed.

Kishan Dutt
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Response 3.

Dear Client, Under Hindu Marriage Act 1955, Section 12 is for annulment of marriage that is unlikely to apply unless the grounds are proved with evidence such as impotence, fraud, misrepresentation, or mental illness. Section 13 is for divorce which is appropriate to apply in this case citing cruelty for seeking divorce decree. Since your husband has already withdrawn the case under Section 13, he cannot revive it unless a fresh petition is filed in the jurisdiction of husband’s or wife’s residence or where the marriage took place. However, the courts are inclined to keep the cases in wife’s district under the Domestic Violence Act and Section 125 of CrPC / Section 144 of BNSS, considering her convenience. hope this answer help you. For detail discussion feel free to contact

Advocate Anik
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Response 4.

Dear client, According to 144 of BNSS,2023, if the wife has no sufficient income , and husband has source of income is bound to maintain , husband is not bound to maintain if wife deserted without any reasonable excuse and wife is in Adultery relatione

Mukesh kumar sah
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Response 5.

Dear Client, based on your question, if husband parents are unable to travel to attend court hearing due to illness, in that case you can talk to local advocate and if you need consultation for your matter to any senior advocate you can contact. hope this advise help you. for further details feel free to contact.

Ayantika Mondal
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