Legal Question in Criminal Law in India

Compensation in Sec 125 IPC

Hi,

I was ordered by lower court judge to pay the compensation of Rs 2500 per month to my wife as she is not residing with me despite of serveral request to her and her family also to reside together they file a case under 498,125 and DVA she is Post Graduate in History and was a Gold Medalist and also done B.Ed. and i am only Graduate and lost my job whn i was arrested after that me & my parents met with accident and they were operated there is no source of income for me as of now from last 6 months above all we were not having any married relation with each other as she always refuse to cohabit so cant this order be reviewed at my place in Session Court and she is also working in School as teacher, I want to know under which sec i can file a case against her as her parents are not sending her back to my place and demanding for money if i want to settle down the case & how much do i have to pay her for her maintainance


Asked on 3/18/09, 4:02 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Compensation in Sec 125 IPC

You may file Revision Application before Sessions Court.

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Answered on 3/18/09, 4:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Compensation in Sec 125 IPC

you can file for restitution of conjugal rights. maintenance amt depends upon court and facts and circumstances of your case.

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Answered on 3/19/09, 11:10 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Compensation in Sec 125 IPC

You should better accept the trial court order of 2500 p.m.; this amount may be increased by the higher courts even if you file an Appeal / Revision against the same.

If you want to settle the issue, you should better make efforts to bring your wife home. You may need to remove misunderstandings between the two of you and assuage her hurt feelings, if any.

It is all the more important for an unemployed and less educated youth like you to learn respecting your wife. In the interest of your happy family life, you should better respect her feelings and give her due honor.

A woman will not leave her matrimonial home without any reason. You may consider removing all those reasons and make her to feel that you will care for her.

Advice : Avoid litigation, swallow your false male ego, seek her forgiveness, give her respect and honor and the confidence that you will care for her. Bring her back with an intention of compromise.

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Answered on 3/18/09, 7:44 am


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