What shd I do..My wife had filed a case of 125 crpc against me and demanded rs 20000 per month for maintenance

Situation : I am a resident of bhopal and got married in 2011.In feb16 wife left home with 3 year old son.I approached the local counselling centre and we had 2 counselling sessions.Though the counsellor tried to persuade her to not spoil relations she adamantly said that she will go for divorce(Though she initially tried to file a case under 498 a in the police st. eventually she decided to abstain from it).Immediately afterwards in Apr 16 she filed a case under sec125 at family court jabalpur.I came to know about it only in Dec 16 when a notice for appearance in court was sent to my address through local police st.However I didn't receive the notice as I was not home.Afterwards in Jan 16 I filed an RCR in Bhopal court but notice was unserved due to change of address.Matter again went back burner for 1.5 yrs and yesterday only I received a notice at my off. address for hearing on 16.05.18.Can I skip this hearing?If yes what are probabilities of an Exparte decision..she had demanded an amt of 18000 and my take home after house loan is 18000..Will the Judge go for counselling..Will maint. be ordered even if she had left my home without proper reasons.I wanna resolve the issue & bring her back.
Related Topics : Family Law
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Advocate Justice Kishan Dutt Kalaskar

Bangalore 
For More Details Contact On +91 7769012300.
A:

DEFENCES FOR HUSBAND TO DENY OR REDUCE

If your wife has asked for maintenance under CrPC 125, here's your chance to learn everything about how to fight and deny or reduce maintenance under CrPC 125

1. Husband’s EMI towards house to be considered in CrPC 125 Maintenance to wife – SC Judgment

This is somewhat old judgment of Supreme Court, and it brings an important consideration which was overlooked by lower courts: Which was neglecting to consider monthly EMI paid by husband towards housing loan.

The order reduced maintenance amount from Rs 10,000 to Rs 5,000 p.m.  While this may cause cheers to readers, it should be noted that the in-hand salary of husband is Rs 9,000 p.m, so effectively he has to now survive on Rs 4,000 p.m.  Somehow the facts of the case don’t add up for me.  There must be more to it than the numbers mentioned in the judgment.

The logic of going for an EMI of 21K on a salary of 35K itself seems questionable.  Surely reducing maintenance might be considered a sacred goal by many husbands, but taking such huge loan thereby living on the edge is probably not for everyone.  Also, from facts of the case, husband has already accumulated huge arrears of maintenance, probably hoping that one day a higher court will reduce his maintenance to some very low amount.  While an optimistic view is good in life, one should assess risk vs reward in these matters.  Accumulating arrears in maintenance is a high risk thing, because there is no guarantee the higher courts may reduce the maintenance drastically.  Further, one has to live with that uncertainty for a long time running around in courts, so best strategy should be to reduce interim maintenance right from the start, at trial court level.

2. MP HC denies maintenance to wife on her CrPC 125 appeal

 

We have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill.

The judgment is actually not very significant, since both evidence by way of letters of husband and wife’s own admissions proved that there was no maltreatment, and in practical cases such evidence, and wife’s own admissions are very rarely seen.  Also the wife didn’t appear in HC at all for her own appeal.   If any husband is lucky enough to have this kind of evidence (and a wife who admits in court to her faults Smile ) , of course they can make full use of it!  This was how usage of CrPC 125 was intended to be, but after passing of laws like DV Act combined with the so-called ‘women empowerment’ trend, most of the time interim maintenance is granted based merely on allegations and the fact that wife is not staying with husband.

3. Qualified wife can’t sit idle and claim maintenance: Mumbai family court

Important part of judgment below:

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