Crpc 125, dv and divorce case
Akash
(Querist) 13 September 2015
This query is : Resolved
Hello Experts,
I have been fighting my case of DV,125 CRPC from last 1.5 years. Lower court had passed a interim order of 10K PM for her maintenance and I challenged it in the court and got a stay. Now the main case is going on along with 125 CRPC. My qeustions are
1. Though she earns almost same salary as me (shown in current for 26AS of Income Tax) do I still have to pay maintenance.
2. Can anyone claim maintenance in two different cases? Why I am asking is Divorce case which was filed by me which got transferred to her state of origin she can file for another maintenance case.
3. In her last evidence stage she was still claiming that she is unemployed. She was crossed by my advocate and she told the court that she is unemployed. Basically lying in broad daylight in court.
4. Will form 26AS issued by Income Tax hold good to expose her lies.
5. Can I file perjury against her now? What is the punishment of perjury?
P. Venu
(Expert) 13 September 2015
If she has misled the court, try to prove it. Once it is proved that she is earning a comfortable income, the court will decline maintenance to her.
The question of perjury, if deemed fit, could be pursued thereafter.
Rajendra K Goyal
(Expert) 13 September 2015
1. Bring the fact of earning in the knowledge of the court.
2. What type of two cases. However case u/s 125 and under DV act are different.
3. Summon her employer in the court to depose.
4. Form 26As is a reliable / authenticated document of IT department.
5. Let the case be decided on merits first.
Dr J C Vashista
(Expert) 15 September 2015
You have not informed the experts whether 10K interim maintenance is only for your wife or do you have any child also?
Form 26AS is sufficient to prove, just ask your lawyer to prove.
Follow the advise of your lawyer.
Akash
(Querist) 18 September 2015
Thank you experts for your suggestions. My marriage lasted only for 4 months. Hence I have no children.
When I spoke to my advocate he said its upto the court whether they accept the evidence or not.
He is more inclined towards a settlement rather than fighting on merits, he said since you have agreed that you are married to her then even if she is earning same salary as yours she would be entitled to get maintenance.
I have another question related to my 498A case. I have secured anticipatory bail and regularized it in PS where the complaint was made. Now when CS is filed he is saying that I have to get another bail from the court because CS is filed. Is this true. But the High Court order says not to be arrested till the case is disposed. Please help me to understand.
T. Kalaiselvan, Advocate
(Expert) 20 September 2015
I think your advocate is thoroughly misguiding you and availing the opportunity to extort more money from your in the name of one or the other reasons.
Your advocate cannot discourage you saying that she is eligible for maintenance even if she is employed. In my opinion you may better change your advocate immediately and look for a better and a prudent advocate who will be able to defend you in all the cases against you.
