Crpc 125
at your mercy
(Querist) 13 February 2013
This query is : Resolved
In crpc 125 suit, petitioner wife was cross examined and she admitted she did not take money from bank accounts in her name saying falsely as she has no passbook and cheque book.. actually no passbook for these a/cs.And demat a/c in her name has got 5 lakh worth. all were my money as she admitted. she did not sell for this period since filing.. saying taking loans. my salary Rs16000 pm and have some residential prperties. Also she is staying with major children at matrimonial home not allowing respondent with police threats.
she is asking 10,000 for her and 10,000 each for 2 children who were minors at time of filing petition. Also falsly saying my income as if 1 lakh
now a common relative advising me to file a memo with salary certificate as ready to give 10,000 for her and now major children till she is ready to restore conjugation of rights. there wont be proof affidavit in this case
pl advise on this advice
now I shall be without required money.
In this case may I shall the other properties( not the matrimonial house) for my expenses?
ajay sethi
(Expert) 13 February 2013
it is better to file your slary certifcate to prove that your wife has falsely claimed that you are earning Rs 1 lakh per month . if your salry certifcate indicates you are earning Rs 16,000 per month and you dont have other income obviously no court is going to award her Rs 30,000 per month as maintenance .
at your mercy
(Querist) 13 February 2013
Thanks Ajayji.. I am filing salary certificate along with memo.proof affidavit will not be filed