Legal Question in Criminal Law in India

maintenence sec 125 crpc
Hello,,

I got married under hindu marriage act.My wife has been staying seperately from me.She has claimed maintenence under sec 125 crpc.I have recieve summon from court for 125 case.

She has raised allegation that she was not given food.
But its not completely true that she was not given food.Iused to bring cauriflower for her.She used to refused to cook by saying how anyone could survive only in caruflower.As my mother didn't allow her to use utensils i told her to cook in microwave.But she refused to cook cauriflower in microwave because according to her nobody can survive only in cauriflower.But she is rasing this allegation that she was not given food.But i can proove i used to bring cauriflower for her but she refused to cook that on above ground.

Can i show this proove against her allegation that she was not given food?

Asked on 3/26/09, 2:23 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: maintenence sec 125 crpc

Your mother is equally guilty of committing "cruelty" and domestic violence against your wife and you may be guilty of "criminal conspiracy" in commission of these offences.

You are unnecessarily complicating the issue. The allegations of your wife may lend you in trouble. It is nice of her that she has only demanded maintenance; she may be entitled to seek your criminal prosecution and ensure your and your mother's arrest followed by a jail term for the both of you.

Advice : Without waiting for the court order, you should volunteer payment of the maintenance amount and keep making her regular payments to avoid further problems for yourself and your family.

You may consider an out of court amicable settlement of the entire dispute. Litigation may complicate your problems.

Answered on 3/26/09, 4:48 pm

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