sanjeev pawar (service) 10 October 2012

Crpc sec 125 filed by wife, includes false information

dear members,

kindly guide me as to how to face this case, after wife filed for RCR at her home state mp, i filed for divorce from mumbai, after apprearing for a counselling session for RCR there and counselling session for divorce in mumbai, wife filed sec 125 on counselling date of RCR itself at her place, in the RCR notice there are numerous wild allegations on me and my family, and in the end of petition it states that she is ready to stay with me and my family, even after me and my family has tortured her to an extreme extent, due to which she had to unwillingly leave her matrimonial home, and that even after she left, i did not make any attempt to take her back and she is a 'bhartiya naari' and blah blah, so she is ready to forgive and forget all the torture we gave her.

before sending the RCR notice, she had sent me a pvt notice by her lawyer, stating all the similar allegations in the RCR notice and futher stating that i am earning rs 25000 and so i should send rs 10000 as maintainence failing which 'appropriate' action will be taken against me, or i should take her back for cohabitation

now i received a crpc sec 125 notice which again contain all the same allegations and futher states that i have an income of Rs 45000 and so i should send rs 20000 as maintainence.

now my question is:

how can i counter the false claims of income that is shown in the sec 125 notice?

the pvt notice has different amounts of salary shown, and the 125 notice shows entirely different amount of my salary?

Is this some type of ploy being played by her lawyer to get it known from me itself if i confess in court that ' my lord the income shown is false and my real income is xyz.? so that the onus comes on me to reveal the real income? or is this sometype or reverse engineering where i wll shout on top of my voice and say ' hey man, this is my real income and not the one that you are telling the court?

can i ask her to prove whatever she shows as my income is true? can i put the onus on her to prove her points of my salary shown in the notice

what is the best way to deal with the scenario

thanks and awaiting your kind reply

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7 Replies

Nandha (NIL) 10 October 2012

@dlf,

If you are not earning the amount which your wife has mentioned, then you need not worry. Tell the court that you are earning xyz amount only with a valid proof and it is her duty to prove that you are earning more than the amount mentioned by you. But ensure that when you show less income, keep your assets, expenditure corresponding to your income. Show some liability like loans or any other financial committments.

thanks

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 10 October 2012

All denials have to be specific, when you deny something you don't do it evasively - when a person says you earn X - you don't say that I don't earn X, you also tell that I am not earning X but Y. Don't know the dynamics of your case, but if she otherwise can get to know - there's no use hiding. If you still don't want to dont reply to the legal notice. When the matter comes to the court - you cannot ask the court to make them prove your actual salary since it is often in teh specific knowledge of a particular person i.e you, court may ask you to file an affidavit.

498 A fighter (Advocate) 10 October 2012

Mr. dfllaldadda no need to do much more , just tell in the court that i want to live with her there is some misunderstanding between us , thats why she put false allegation if she live properly and dont go to her house frequently then i am ready to continue with her , i want to save my marriage life you just tell if you deny then you will be caught in counter cases from girls side first just try to overcome from this hurdle of RCR win it ek baar usko ghar le aao fir aap jo chaho wahi hoga if she is behaving properly then you enjoy your marriage life otherwise............you consult with good expert lawyer and follow accordingly but in safe way.

jab haath pattar ke niche dab jaye to dhire se nikalna chahiye. this time she having upper side if you involve more then you have to make roung of court police etc etc ..
try to avoid such.. all things.

stanley (Freedom) 10 October 2012

I agree to Mr Bharat as the dynamics of your case is not know

1. Is your wife working .

2. How many children do you have . If you have children than you would have to pay maintanence and if your wife is working she too would have to contribute as Maintanence for children is coextensive .

3. If you dont state the truth about your salary the court may take a stand that what she has stated is correct or make you file an affidivat .Although burden of proof is on her .

4.Alternatively if you wish you can send your voluntary contributation of XXXX amount towards monthly maintanence as you wish in the form of a money order in the absence of any court order and see if she receives or rejects it .if she approaches court tomorrow you can always say that you are sending her maintanence and show proofs of the Money order . Alternatively if she rejects it becomes a proof that you have sent and she has rejected it

5. Wait for your case to come to court and be prepared for a Dv case or a 498A case being filed .

Anil Malik (supervisor) 10 October 2012

Totally agreed with Mr. Trivedi. The law especially matrimonial laws in our country contain so many loop holes that can be used by a women against husband and her family members that the entire family even distant relatives can be ruined for life. A husband even if carries all the proofs can not get relief except in remote cases. In this particular case Mr. dfllaldadda resides in Mumbai whereas the wife has already and will file future cases in MP. By the time the cases come to an end (may be in 10 year or more time) the husband's side shall be ruined by spending in court cases and even after that a compromise shall be made between the parties. The supreme court of India has also termed it (the method generally adopted by wives by filing cases) as LEGAL TERRORISM, despite which there is no change in scenario.

So my friend, "Agar jeetna hai to opponent ke ghar me ghusna parega". If by any chance you think that you can give another shot to your marriage and your wife honestly can come back to you then no harm in getting her back and if there is no such chance, then consult a good lawyer as every case has in own merits & demerits.

Pl. note : This suggestion is not meant to discourage you. It's just an experience and pain of a "BHUKTBHOGI". Vested interests do not allow parties to reach any setllement. And one more suggestion, you may refer your case to mediation centre which is generally a part of judicial proceedings and tell them that you are still ready to accept her as wife. Usi se doodh ka doodh aur paani ka paani ho jayega and you will get to know true intentions of your wife. Moreover at some stage in the process of litigation this will help you.

(Guest)

I also got 125 crpc summon.In my case my salary space is left blank...LOL....but she claimed Rs.19500...its funny how these type of malicious petitions are accepted....and the court proudly calls for the husband to bear the tune.