Interim Maitenance U. S. 125 crpc.
Sujay Sen
(Querist) 12 February 2010
This query is : Resolved
Dear Sir,
I have got married on 14/12/2007 through Hindu custom and rituals, though the registration was performed 6 months before the marrige cerymony under Special Marrige Act. That after few days of final marrige ceremony, my wife started to show her reluctance to do home with me and my old aged parents, based on some false alligations particularly against my parents. Over the time, it was evident that, my wife's sole intention was to make me a "Ghar Jamai" by staying at her own residence.
My wife left my home on 24/12/2008, on the plea to visit her metarnal home, but didn't return to me despite my best efforts. Following this, i filed a case under section 9 for restoration of conjugal rights acts. My wife filed a petition u.s. 125 for interim maintenance and reambersment of litigation charges of Rs.12,000/- per month and Rs.15,000/- respectively.
I am now working in private firm and my salary is about Rs.22,000/ per month. My wife is unemployed, but her mother(widow) is a Cetral Govt. school teacher having a salary about Rs.35,000/-.
In this context my queries are:
1)What are documents i have to submit for my salary if the court direct.
2)I want to save my salary, is there any
safe way?
3)Will the court investigate on my salary
and what are normal procedure followed
by court in this regard?
Pls. help me by your expert advice on it.
With regards
Sujay
adv. rajeev ( rajoo )
(Expert) 12 February 2010
You have to produce your salary certificate regarding your salary income.
Court will directly investigate your salary but your wife can call the doucments from your office or court may direct you to produce the salary particulars.
Your wife's mother is having salary but it is not only creiterria to decide the income of your wife.
I thin it is 1972 judgement of the supereme court' it is said that when maintenance case is filed by the wife , wife's independent wincome should be considered not her parents.
B K Raghavendra Rao
(Expert) 12 February 2010
Sri Rajeev is correct. If your salary certificate is not admitted by your wife, it may put you to stricter proof of the fact.
Sukhija
(Expert) 12 February 2010
Since u have filed RCR U/Sec 9, what is her intention, to stay with u or to oppose the said petition.
U oppose the maintenance petition and show ur willingness to take her to her matrimonial house. The court will consider this fact and without genuine reason to stay away from u, her maintenance petition will not be allowed and only interim maintenance may be allowed for time being.
Raj Kumar Makkad
(Expert) 12 February 2010
I do agree with the opinion of all experts.
Guest
(Expert) 12 February 2010
i do agree with all learned experts.
Devajyoti Barman
(Expert) 12 February 2010
The court does not inquire on its own about your salary. As your wife is a housewife you can not avoid interim maintenance though you may overturn the order after conclusion of trial it is proved that she left her marital home on her own. Hence your primary object is to show your salary as little as possible which can be done only if your employer supports you in this regard.
Sujay Sen
(Querist) 10 May 2010
Dear experts,
My wife submited a written statement against Sec.9, that she wants to live with me separately, but not in the premises of my parents.
My main allegations were against her the same,that she wants me to separate form my aged, ailing parents by hook or crook. Will it be an advantage for me to fight against Sec.125.
Pls. advice.
Regards
Sujay
