maintenance and child custody
harish
(Querist) 21 October 2010
This query is : Resolved
Dear sir,
My wife has filed maintenance under sec-125 crpc for two child and her.During Pw-1 and DW-1 she has given false evidences. FIR copy(498,523,3/4,506)has submited as evidence. During Pw-1 she has also given statements that i had come to my sasural along with my brother on motorcycle.In FIR she has alleged with all wild allegations.which are all contradictory. I also collected many documents through RTI regarding medical report etc.
My query is that
1) can i file the counter case u/s- 340 with these evidences on 125 crpc ment. case in same court or separately.
2). ADJ court has offered 5 lakh Rs . but she is not ready. she wants monthly manntinence as she is thinking my saliry is 40,000 rs per month,goverment job so i will get 10.000 per month.
3). now i want to file counter case pl. suggest me all counter case which is applicable in the mentinance.
4)she is MA. and well educated.she is living along with her parents they are also getting 40,000/rs from govt. job.
5)if there is any citation or suprim court rulings pl. provide
6)if there is any citation or suprim court rulings in child custody case(Guardianship and ward) pl. provide
Thanking u sir for valuable suggestions.......
Raj Kumar Makkad
(Expert) 21 October 2010
1. 125 Cr. P.C. case is just meant for maintenance and no hard and fast scrutiny of the evidence is made therein except the income of husband and wife. If wild allegation therein are annexed in evidence, those have no value therein so dont go on that line as you think here.
2. This is just an information and no query has been raised.
3. There is no scope of counter-case in the matter of maintenance except to file an appeal before next appellate court seeking reduction in the awarded amount of maintenance, if any.
4. After marriage, parents of your wife have no liability to maintain your wife and now you have to look after her providing similar status as you are enjoying.
5. There is no citation helpful for you rather all the citations are in favour of your wife wherein you shall have to maintain her. You can just agitate over the quantum of maintenance but definitely order shall be pronounced against you, if you have accepted your marriage and your wife has no independent source of income.
6. You have not mentioned anything about custody of your children so no citation can be provided without coming to know the facts of dispute. Generally custody of minor children is provided to the mother with visiting rights available to father.
In the given matter, it seems that you want to take revenge from your wife which is not good in the interest of all. Try to make compromise with your wife in the larger interest of your whole family including your minor children. It is not good to waste time, energy, respect, money, mental peace just for fighting with wife and children in the courts. Try to understand and leave superiority complex.
