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. She mentioned false allegations in the petition. Mostly i want to know that-

Can she claim the maintenance without proving & only making false allegations.

or the court can give her maintenance without proving on her false allegations in the petitions.


Asked on 12/26/12, 3:45 am

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

The court is required to order at least interim maintenance during pendency of the case. Your section 9 case may not be a good defence to avoid payment. Therefore, to establish your bona fides, you should voluntarily start making payment of a reasonable amount before even an order is passed by the court.

Read more
Answered on 12/26/12, 6:37 pm
Shrichand Nahar S.V.Nahar, Advocate

Interim maintenance is granted on prima facie material disclosed in the petition. Final maintenance is granted on evidence.

Read more
Answered on 1/02/13, 9:19 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Nahar

Read more
Answered on 1/03/13, 3:34 am


Related Questions & Answers

More Criminal Law questions and answers in India