CrPC 125
Dr amit mehta
(Querist) 29 December 2017
This query is : Resolved
Need guidance in my case of section 125.
Queries:-
1.wife is qualified Bsc(maths),Bed,but not doing any job
2.I had her ITretuns of 3 yrs,viz...
2012-13 मे 1.6 L
2013-14 मे 1.9 L
2013-14 balance sheet of 17L
And
2015-16 मे 3.8 L
3.total assets of 30L though demanding,,
Plz guide how to file answer
Vijay Raj Mahajan
(Expert) 29 December 2017
The details about the educational/professional qualification and IT records till 2015-16 will only show her ability to earn livelihood and maintain herself. However one thing more the Family Court want to know what is the present financial status or working status for livelihood of the wife. The wife who has no job or work or means of livelihood for the present time for any reason will entitle her some amount of maintenance to prevent the destitute condition, although she may not be allowed big amount of maintenance keeping in mind her ability to earn for herself that she was doing in past.
What I state here is totally based to how things go in Family Court and how cases u/s 125 Cr.P.C for maintenance matter decided.
Vijay Raj Mahajan
(Expert) 29 December 2017
Best course in such cases is that husband offering a reasonable amount of monthly maintenance for wife to end the case in shortest time as the Family Court will allow that much amount to wife and not what she's asking.
Dr amit mehta
(Querist) 29 December 2017
Thanks sir,, I had a proof of her FDR of total rs 23-25 lacs,,can it's interest be counted as income?
Dr amit mehta
(Querist) 29 December 2017
Thanks sir,, I had a proof of her FDR of total rs 23-25 lacs,,can it's interest be counted as income?
Sankaranarayanan
(Expert) 29 December 2017
Whatever it is discretion is in the hand of court, it can decide on the merits of the details.
Vijay Raj Mahajan
(Expert) 29 December 2017
Yes interest coming from the FDR is source of income that the court will include in her income while deciding if the total income she is able to make is sufficient for her living a reasonable life like the one she was having while she was living in the matrimonial home after her marriage.
Guest
(Expert) 29 December 2017
VERY VAGUE QUERY WITH ONE-SIDED ACADEMIC QUERY WITH HALF BAKED INFO !
What about your own income? Don't you want TO discuss about that? Even if you want to deny maintenance or want to counter claim maintenance from your wife, your income is also required to be discussed?
IF A REAL PROBLEM, SO FAR AS ANSWER IS CONCERNED, ONLY YOUR OWN LAWYER HAS TO GIVE, NOT ANY EXPERT HERE.
Guest
(Expert) 29 December 2017
Further, if a real problem (doubtful), being a doctor by profession, may be a medical or a teaching professional, your income is supposed to be much more than you wife's income. So, you should be ready to shell out sufficient amount to your wife as maintenance charges. You should forget about proof with you for her past income or even her FD.
IN FACT THERE ARE SEVERAL HOLES IN YOUR STORY, WHICH ITSELF REVEALS THAT THE STORY PERTAINS TO SOME ACADEMIC QUERY, NOT A REAL PROBLEM.
Dr amit mehta
(Querist) 29 December 2017
I m extremely sorry if I m hurting you all respected experts of the field..
Sir I m a government medico...
And presently having a salary of rs 20k,which will soon increased in March 18 to 50k.
But why I asked that question is the money which my wife is having is 70-80% mine.
Which I invested in her daughter and my names.
She filed a complete false story in 125.
That's why asked..
Mujhe mere ghar se nikaal k,,Meri sari savings Apne paas rakh k court k chakkar lagta rhi h..
Dard hota h..papa-mummy ko Koi casualty ho gyi to kaha jaunga...
Dr amit mehta
(Querist) 29 December 2017
After 12yrs of job and 9 yrs of marriage at present I had only 1.5 L of rs.
Without doing anything my wife has the assets of 30L?
Even in 2012 I purchased a flat in her name coz I never showed my practice income to IT,and who else do that?rt?
and selled it out in 2014,the amount of FDR is coz of that selling.cuz she Don't want to enter my parents in that house?
Guest
(Expert) 29 December 2017
@ Dr. Amit Mehta,
Sorry doctor, your statement is still unconvincing, if you say your salary as a Government medico is merely Rs.20,000 thsat too after rendering 12 years of job, and you could purchase a house for your wife out of your meager salary also and that she could get FDR out of sales proceeds, but the IT department could not get even the inkling of evasion of tax case.
Better discuss in detail the complete background of the case with some expert, if you don't rely on your own lawyer, who is fighting your case.
Dr J C Vashista
(Expert) 01 January 2018
Unbelievable story, I agree with expert Mr. Jigyasu.
A medico professional doctor having 12 years of service in government but drawing just 20,000/- pm. Unbelievable if not amazing story.
Dr J C Vashista
(Expert) 01 January 2018
Dr. Amit Mehta,
Have you lost faith in your lawyer contesting your case filed by your wife under the provisions of Section 125 Cr PC? If so, change him/her immediately otherwise seek and follow his/her opinion and guidance .
Dr amit mehta
(Querist) 05 January 2018
Sir I was on contract basis since last 9 yrs..now getting permanent in jan18..
Why you all think that I m cheating,,
