Legal Question in Family Law in India
I am husband , i married just before 2 years (arrange marriage)
But after marrieage i realise my wife and their parents only interested in my money and harasse me for this.
but i did't surrender them.
We stayed together for only 10 months and that is on rental house as my job was diff. city of my home town.
and since from last 1 years we are staying seperate.
so my wife has file false domestic violence case before 1 year against me and my parents.
In this case my position is strong as it is false and they have no evidence against me and my family.
I am out of india right now for my job related work.
This domestic violence case filed before 1 year and at that time also i was out of india and never appear before court.
Now my wife has file another case under CRPC-125.
Do i need to appear in this court ?
what is this CRPC-125 ?
Please advice , Since law favour female they are miss using it
I want divorce , please advice how can i do , they r trying to break me by financially , mentally, socially by putting false cases agaisnt me and my family.
Is there any low which support me ?
2 Answers from Attorneys
you need not appear and your lawyer can appear on your behalf in 125 case. in case you want divorce, you may negotiate with your wife. the law may not support you but a good lawyer and circumstances definitely will.
first and foremost, since you only and your parents have stayed with wife in rented accomodation for 10 months, no case is made out against parents under DV act. minimum share household is six months. so your parents may move an application for their discharge from the case.
125 CR p C is case for maintainance of wife.
You may file for divorce on the grounds of cruelty.