Legal Question in Family Law in India

dear attorney's

mywife has proof of letters that my father wrote to me saying to leave her. me and her got seperated. she s threatening me she will file 498 a case. she already issued 125 crpc. i stay in different state.. can i issue powwer of attorney to my father for 125 crpc. if she files 498 a case will she win? because she has letters?

i and my father do not want to give her anny maintainence. she has demanded 1/3 of my salary...how much will judge grant her maintaience..

Asked on 7/03/13, 8:37 pm

2 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

We cannot presume about things to come. You should better prevent her from filing 498A case by trying to reach a compromise. As far as 125 CrPC goes, it is your duty to provide maintenance to your wife. Before an order is passed by the court, better you start sending her a reasonable amount - at least 25% of your salary - towards her maintenance.

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Answered on 7/04/13, 12:44 am
Aileen Marques Independent

Your father is not bound to maintain your wife. But you are obligated by law to maintain your wife. 1/3 rd of the salary is what the courts generally direct.

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Answered on 7/05/13, 11:58 pm


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