Legal Question in Criminal Law in India

I want to know that how can she prove that i have neglected my while i want her back and already filed a case under section 9 of hindu marriage act. First i have filed a case under section 9 on 29th August, 2012 and when she received the summons then she filed a case under section 125 Cr. PC. She herself neglected me and now she is saying that i have neglected her. Mostly i want to know that-

Can she claim the maintenance without proving that i have neglected her.

or

the court can give her maintenance without knowing that i have neglected her or not. While she is living separately on her own desire. I have a proof of Police Station where she gave an application stating therein that "My husband's behavior is not co-operative with me so i want to go back my mother's home on my own desire." She leave me just saying that she is going on her own desire.

So now i want to know that only this sentence that my husband's behavior is not co-operative with me can grant her the maintenance.

Kindly tell me.


Asked on 12/25/12, 10:36 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Yes, a woman may be entitled to maintenance if husband's behaviour is not conducive for living with him.

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Answered on 12/26/12, 1:16 am
Shrichand Nahar S.V.Nahar, Advocate

Modes and manners of proof are given in the Evidence Act. Please read and act accordingly.

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Answered on 1/03/13, 2:57 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Nahar

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Answered on 1/03/13, 3:42 am


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