Maintenance under 125 crpc
Mani123456
(Querist) 07 July 2014
This query is : Resolved
Hi,
I have been paying interim maintenance of around 12000 Rs for my wife and also for the child. Additionally I have been paying my sons school fees and other expendtiture of around 10000 Rs. So totolly 22000 per month I have spending. The maintenance case was clubbed with divorce case and later judge again seperated it from divorce case. I could not get divorce in trial family court on ground of mental cruelty. Even though my parents got discharged by the police for 498a case.So divorce case is not pending in high court.
Recently I have got aquittal order from the trial criminal court for my 498a case. The court observe that she did everything to throw my old age parents out of my house and to harass us.
Now maintenance case is going on in trial family court and she has asked me under section 91 to furnish my form 16 and salary certificate to further harass me.She wants to extract maximum amount of money. Though she is earning per month of around 25000 Rs.
How can I avoid giving me salary certificate and form 16 to the court? will court consider her motives for extracting maximum amount of money as my acquittal order for 498a, I have submitted to the court? What options I have to face this situation. The 125 CRPC case is now posted for my objections to her application under section 91.
It is my hard earned money and I do not want her to take advantage of law meant for women, and that after I have come out very clean from 498a case.
Regards
Mani
ajay sethi
(Expert) 07 July 2014
1) what you should now do is file for divorce afresh . you have been acquitted under 498A case .
2) filing of false 498A case amounts to mental cruelty .
3) if wife s earning Rs 25,000 per month she is not entitled to maintenance .
4) what is you income . disclose salary certificate as sought by your wife
