monthly maintainence claims under sec 125 and accomodation claims

Welcome Forums Advice Maintenance monthly maintainence claims under sec 125 and accomodation claims

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    • #576

      Even after my marriage, there was lot of involvement of my greedy mother inlaw and her relatives (who are localities and stay in same city) in our personnal matter and she (mother inlaw) used to abet my wife and myself against my mother and father so that I leave my old parents and permanently move to my wife’s house. Moreover, i discovered latter that it was mutual alliance of my greedy mother inlaw and my wife and as she (wife) used to tell her (mother inlaw) all the petty matter/details so that they can further hatch plot against us. They (greedy mother inlaw and relatives) have many times came to our house and bullied my parents and myself for no fault of ours.

      My wife stayed with me for 4 months after marriage and then she went to her home.

      After staying quiet for another 6 months she and my greedy inlaws issued a false FIR for dowry and 498A was against me and my mother. However, a formal councelling had already been done on advice of mahila thana but my Greedy inlaws are asking for very huge amount which I cannot pay and for what reason should I pay to these greedy creatures. Then they filed a FIR and 498a etc.

      Current status

      I and my mother got anticipatory bail (after hard time of 2 months) and in process of reguralisation of regular bail from the Court.

      My doubts / queries are as follows:-

      1. How much maintenance can she claim through sec 125 CrPC.

      2. I also want to know monthly maintainence claims under sec 125 is made on my Basic salary or on Gross salary. (Basic salary does not includes DA, HRA etc and Gross salary includes DA, HRA and does not take into account the income tax deductions).

      3. Pls also guide me how can I convince court for paying NIL or minimum maintenance charge to my wife & greedy inlaws.

      My details are

      I m in Govt job.

      My parents are retired (senior citizen) and have one elder sister.

      My wife is B.E. graduate (presently not working) and no issue (kids). Her Father and mother are qualified and work in Central Govt. firm and have his own house in other City.

      My regards to you all.

    • #3237

      let us know what they claimed in their 498A.

      if she never stayed with your parents, you can ask HC to remove their names from FIR.

      you can apply for some loan so you can show small amount of salary and also tell judge that she is educated, there are judgments to support your claims where educated wife is not entitled for maintenance refer

      File RCR, change your resident to some temporary small house, if you own flat/house keep it for mortgage and take loan.

      fight biased laws, same way.


    • #3238


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