127crpc
sasha
(Querist) 12 January 2014
This query is : Resolved
My husband is a merchant naval captain drawing a salary of more than 4 lacs. But he is showing that hes not working for last 3 yrs.
I hav got interim maintenance of 30,000from lower court n 60,000 from session court .v both hav applied for revision in high court.
meanwhile hes put 127crpc for reducing maintenance of lower court 30,000.
he is showing that he is working as a observr in legal company nd earning 15000 rupees. Wen he was told to bring passport it showed hes gone abroad in july 2011. But contract with present company is from 1st feb 2012.
will the court not realise hes telling a lie?
I am also working but not disclosed .pls suggest.
sasha
(Querist) 12 January 2014
Will my maintenance reduce ?
Devajyoti Barman
(Expert) 12 January 2014
The passport is indeed telling something else.
The court is unlikely to believe his story.
Moreover he can not be expected to work for only Rs. 15,000/- given his earlier job profile and qualification.
So, do not worry.
The maintenance is not going to revised.
Rajeev Kumar
(Expert) 12 January 2014
Agree with Barman sir. Demand salary slip from the company, his post, passport and Visa from the departement of indian embassy through RTI.
Rajendra K Goyal
(Expert) 12 January 2014
Agree with the advise of expert Devajyoti Barman ji.
Advocate. Arunagiri
(Expert) 12 January 2014
Ask him to produce his salary slip, form 16 from his employer and IT returns. This will prove what is annual salary.
sasha
(Querist) 12 January 2014
Thanx for beautiful reply.
I am in chd n this off is in delhi. Where shud I apply RTI
sasha
(Querist) 12 January 2014
Thanx for beautiful reply.
I am in chd n this off is in delhi. Where shud I apply RTI for the given information of pay slip etc from company
sasha
(Querist) 12 January 2014
Thanx for beautiful reply.
I am in chd n this off is in delhi. Where shud I apply RTI for the given information of pay slip etc from company
T. Kalaiselvan, Advocate
(Expert) 14 January 2014
@ sasha: no doubt you can prove that he earns a good income so he is entitled to pay an enhanced amount as maintenance amount, but what if he proves before court that you have concealed your employment and income sources from the court and files a perjury case against you, you have already stated that I am also working but not disclosed, do you know the legal consequences of your action of suppressing the facts material before the court. There is a very recent judgment on the issue by the Family court,Bandra, Mumbai, the judgment says "The Deputy Registrar of Family Court, Bandra, Mumbai, is directed to file complaint against the respondent-wife in competent Court, for the offences punishable under Section 177, 181, 182 and 191, read with Section 193 of Indian penal Code". This is in connection to a similar case the details -
IN THE FAMILY COURT MUMBAI AT BANDRA
PETITION NO.A-2050 OF 2010
Mr. Niraj Shah ... Petitioner
Vs.
Mrs. Nikita Shah ... Respondent
CORAM: HIS HONOUR JUDGE
SHRI. S. R. KAFRE
DATED: 24th. DECEMBER, 2013.
This is the latest judgment on the subject. Please consult your lawyer for further action on the subject.
sasha
(Querist) 14 January 2014
Thanx for ur advise .
tmmrow is my cross exam .I will not conceal any facts .
but if I disclose will my maintenance reduce?
sasha
(Querist) 14 January 2014
Thanx for ur advise .
tmmrow is my cross exam .I will not conceal any facts .
but if I disclose will my maintenance reduce?
V R SHROFF
(Expert) 14 January 2014
COURT WILL FIX MTN ON MERIT..
sasha
(Querist) 14 January 2014
I hav shown hes disposed 6 properties in last one year .maintaining 2 cars. Scorpio n santro.
in high court in his sworn affidavit of maintenance hes written that hes not done job from 2010 to feb 2012.
now in cross examination in 127 wen he was asked to show his passport it was showed that he went abroad in 2011 july.
wen asked by my lawyer he said that he had gone as an observer with the company whose contract letter he had shown from feb 2012.
I think judge will consider his status his money and ofcourse his lies he speaks in court.
as it is he has taken divorce from his first wife by giving wrong affidavit in court.
Devajyoti Barman
(Expert) 15 January 2014
yes, it will be considered. Do not be so hopeless.
sasha
(Querist) 16 January 2014
Hi !
Pls advise while cross examination yesterday the opposite council was too rude .they were asking me qus which were not relevent to 127.i retaliated but they still continued .
made mockery of me that my adv is making advances .
I kept on crying during my crosss.
wen it got deffered the opposite lady council came out n started fighting eith me that I shud take divorce with my husband . Coz they will force me since lawyers father is hi court judge .
I hav to go today as well. She is alleging that I picked up the fight with hrr to president of bar council .wat shud I do .
instead of getting justice I am being threatened
Advocate. Arunagiri
(Expert) 16 January 2014
You can complain this by way of petition and file the petition for transfer to some other court.
That is the solution for your current issue.