Interim maintenance under 125crpc


Experts,

My wife was granted an INTERIM maintenance of Rs 7000 per month under 125 crpc. She told the court that her salary is only Rs 1000 per month. But now I have collected documents and according to this her salary is Rs 15000 per month. She lied before the court to obtain INTERIM maintenance.

Kindly advise what should I do now to stop or reduce the INTERIM maintenance amount .

Regards.

 
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you can appeal against the interim maintenance which was granted on the basis of false documents by proving it with the original evidences. 
 

"A wife, who is a working professional, should be able to take care of herself, the Delhi High Court has said while denying maintenance to a woman" - Indian Express

 
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Why did you not give your bank statement or salary slip etc to the court?  Wife may have given 1000 rs false salary certificate.  But what stopped you from giving your salary/income certificate to court?  These are the questions that court will ask you.  Now even though appeal option is there.  Court wont reduce the maintenance even if wife has given false salary slip of 1000 rupees per month.  If you go for appeal you will have to prove that the documents you have are original and that the documents which wife gave are false.  These will not give you relief for lowering maintenance or getting rid of old balance due from you to your wife.

 

As this is civil matter what is that your advocate has suggested?


Total likes : 1 times

 
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FIN

On issue of maintenance to spouse there are many judgments that are in favor and against.

The spouse can ask for salary slip/income details of other spouse pursuing RTI route or thru court.

There ant many decisions/judgments favoring IT and are available in many threads of similar queries at LCI. You may search by using SEARCH option in threads, judgments, files, Articles..

e.g;

Article under my profile;

Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!

Wife's Capability to Earn: Is No Reason to Reduce Maintenance Awarded to Her

 
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FIN

And decisions/judgments

 e.g;

Central Information Commission, New Delhi

File No. CIC/SH/A/2016/900040

Right to Information Act-2005-Under Section (19)

Date of first hearing

Date of first order

Date of second hearing

Date of second order

:

:

:

:

12th January 2017

12th January 2017

23rd February 2017

28th February 2017

Name of the Appellant

: SHRI SHRIPATI PATHAK

Name of the Public Authority/Respondent

:

CENTRAL PUBLIC INFORMATION OFFICER, MADHYA BIHAR GRAMIN BANK HEAD OFFICE, SHRI VISHNU COMMERCIAL COMPLEX, NH – 30, NEW BYPASS, NEAR B.P. HIGHWAY SERVICES PETROL PUMP, ASOCHAK, PATNA, BIHAR – 800016

And final Order on; 05th July 2017.

 

 CENTRAL INFORMATION COMMISSION

(Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)

Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)

Central Information Commissioner

CIC/EPFOG/A/2017/315385

Kirubananthan K v. PIO, EPFO, Chennai

RTI : 13.09.2016

FAO : Nil

Second Appeal : 22.10.2016

Hearing : 31.07.2017

Appellant : Present

Public Authority : Mr. Apurv Gautam, APFC

Decided On : 02.08.2017

 

CENTRAL INFORMATION COMMISSION (Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066) Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Central Information Commissioner CIC/EPFOG/A/2017/315385 Kirubananthan K v. PIO, EPFO, Chennai RTI : 13.09.2016 FAO : Nil Second Appeal : 22.10.2016 Hearing : 31.07.2017 Appellant : Present Public Authority : Mr. Apurv Gautam, APFC Decided On : 02.08.2017 FINAL ORDER

 

WP/10690/2017 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10690 OF 2017 THE CENTRAL PUBLIC INFORMATION OFFICER AURANGABAD VERSUS THE CENTRAL INFORMATION COMMISSIONER AND ANOTHER ... Advocate for Petitioner : Shri Chaudhary K.B. ... CORAM : RAVINDRA V. GHUGE, J. Dated: September 06, 2017

“The husband seeking information cannot be said to be a stranger or a third party. The information sought by him also cannot be said to be confidential.”

 
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FIN

 

 

The court can summon the record from establishment.

In other thread initiated by you, you have posted that office of spouse has submitted salary details in Family court, and you have been advised to get authenticated/certified copy…..and proceed for revision.

The information submitted by company may not be believed as incorrect.

If you have reasons to believe that establishment/employer/attorney’s of employer have connived with spouse and tendered false/doctored/incorrect record and made a pass on court of law…………….You may get information thru RTI from O/o EPFO, ESIC, ITO, Labor Commissioner as say; Inspectorate of Shops & Estbs Act gets various registers provided under Shops & Estbs Rules on all payouts to employee ( e.g; wages/incentives/OT/perks etc etc)..

Thereafter you have the option to relate with information submitted to court.

The falsehood of spouse is now known to court, after submission of information by company..

 
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FIN

You needed to establish that spouse is earning very well and also place irrefutable evidence of your liabilities before court.

Discuss with LOCAL help groups, seasoned PIP’s, and approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion..

 At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Family/Civil Courts, HC, SC……

 
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Prosecuting her will prove to be very very beneficial to you.

 
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Thanks all

 
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