Maintenance under sec 125 and wrong income declaration
Dipesh Agarwal
(Querist) 28 May 2018
This query is : Resolved
hello,
I file a divorce petition in feb 2015 under sec 13 hma and in return after 2 months wife filed a maintenance case under sec 125.
Wife claimed monthly compensation of 1.25L out of falsely declared salary 2.25L for me. In reply my lawyer suggested me to declare a wrong salary of 36K instead of 90K under Oath in reply to the 125 case. When I argued with my lawyer, she mentioned that Onus of proving 36K wrong lies on wife's lawyer and nothing to worry on wrong declaration in court.
Based on this all replies and failed attempt of patching at Lok Adalat Counseling sessions, Judge at last announced a monthly maintenance of 30K on my wish, in contrast to 36K declaration. Its clearly documented in Order that no income evidences were reviewed and Order is purely based on declarations.
I was okay till this point as everything was going positive on my side.
What I noticed later was my lawyer was colluding with wife's lawyer as my lawyer was not trying at all to move motion to argument stage and just taking dates. Wrong income declaration was part of it. Hence I officially removed her through an application to Judge but yes, colluding as reason for removal was not mentioned on application.
Now wife has applied for discovery of income documents for last 5 yrs under Oder 11 CPC 12,14. So far court has not passed any Order for it but I need to reply and I don't have any objects in submitting documents. In parallel, wife has come down to MCD proposal on 50L and I am not agreeing to it. MCD wish from her end is documented in court file.
Questions are -
1) Can submission of document be done to Judge only and no copy to Wife, as documents are confidential?
2) As the income declaration on Oath is lower than actual, will this be treated as an offense and what is the sentence? How it can a case be initiated and by whom?
3) With respect to Question 2, can't Lawyer removal application be treated as a defensive document in my favor?
4) What if I take back my divorce petition in this case, will sec 125 claim for maintenance not applicable anymore?
5) Wife had income sources in past and owned numerous properties. Will evidences in support of this help me to counter wrong salary declaration and high MCD amount demand?
6) What if I resign from my job as last option as I can't let myself drain like this?
Please suggest!
Vijay Raj Mahajan
(Expert) 28 May 2018
1. No that is not possible. Whatever you want to be placed on the record of the case file, copy of the same has to be given to opposite party.
2. Making false statement on oath in court proceedings is punishable offence of perjury, wait for the application of your wife for taking action against you for perjury.
3. No the advocate will always escape by saying she never suggested anything wrong to you rather she had informed you such false statement on oath can make you liable for offence of perjury but you only insisted and took full responsibility for making such false statement in spite of knowing complete fact about the case and your liability by doing such act. The advocate will escape the side route and you will be in real trouble. Now enjoy the joy of engaging such lady lawyer for your case at first instance.
4. Even if you withdraw your divorce case, the maintenance case and order continues against you for rest of your life, rather final order of the court may be more than awarded as initial maintenance to your wife.
5. No the present income of wife which count not her past income nor her property if she's not having income from it for her maintenance and such income is sufficient for her support up to the standard of living she enjoyed at her matrimonial home when she was living with you, all those privileges you provided her.
6. Your resignation from job will not stop your liability to provide maintenance for your wife, how you provide her and from where that is your out look. As a wife who has no source of income for her maintenance, husband is supposed to provide her. Although able body man and woman are supposed to look after themselves but as the law of the land u/s 125 Cr.P.C the wife is supposed to be looked after by her husband if she has no means to do so.
No more legal advice here and that too free of cost.
Kumar Doab
(Expert) 28 May 2018
You should have avoided Lawyer that forwards illegal ways and must have refused to comply with unethical/illegal ways.
In future stay far away from such Lawyers.
Approach your own another very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …
For such counsels; Check at LOCAL Civil Courts, jurisdictional HC, and SC……..
Rest your lawyer can advise you in person on all other points also that you may have in mind.
Kumar Doab
(Expert) 28 May 2018
You should have avoided Lawyer that forwards illegal ways and must have refused to comply with unethical/illegal ways.
In future stay far away from such Lawyers.
Approach your own another very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …
For such counsels; Check at LOCAL Civil Courts, jurisdictional HC, and SC……..
Rest your lawyer can advise you in person on all other points also that you may have in mind.
Ms.Usha Kapoor
(Expert) 29 May 2018
I fully concur with Mr.Vijay raj Mahajan. Nothing more to say.
Guest
(Expert) 29 May 2018
A crooked quack seems to be unduly trying to dominate at the LCI portal by making multiples of vague posts without any advice. Apparently, you do not have your OWN ANOTHER very able senior local lawyer, as he assumed. A matter of commonsense, had you own another very able lawyer you would not have felt the need to post your problem in this forum.
Better adhere to the advice of Shri Vijay Rqj Mahajan.
Guest
(Expert) 29 May 2018
Another crooked quack has appeared on the scene without any purposeful advice.
Guest
(Expert) 29 May 2018
Another crooked quack has appeared on the scene without any purposeful advice.
Guest
(Expert) 29 May 2018
Another crooked quack has appeared on the scene without any purposeful advice.
Guest
(Expert) 29 May 2018
Internet problem ............................................................!.
Kumar Doab
(Expert) 29 May 2018
IT=@PSD
The entity at 6th post posts daily abuse, and litters nuisance in all threads
and is =NIL,ZERO
in this threads also as usual from day1 under all of IT’s multiple fake ID’s.
The comments posted by IT=@PSD are IT’s daily vomits on IT’s own mirror image, IT being crooked quack.
It has but posted here out of IT’s daily hallucinations………..
IT’s bouts of abuse on everybody including Mr. Vijay Raj Mahajan ( not Vijay Rqj Mahajan……………out of IT’s daily stutters, stammers), Ms. Usha Kapoor and everyone else is available under profile of all multiple fake ID’s of
IT=@PSD.
Kumar Doab
(Expert) 29 May 2018
IT=@PSD
IT is your mental problem nothing else...
IT will post the treatment that IT had to take tomorrow at 12.00pm
Baraa Baje
Kumar Doab
(Expert) 29 May 2018
IT=@PSD
IT is your mental problem nothing else...
IT will post the treatment that IT had to take tomorrow at 12.00pm
Baraa Baje
Kumar Doab
(Expert) 30 May 2018
Gandi Kamakshi,
I had never commented upon you.
Finally you have exceeded the threshold limits of tolerance.
We are fully aware what/who you are!
Neither you have any legal qualification nor legal competence nor any legal cover.
For your own sake; run and get out.
If there is NO door, break the wall and run.
Dafaa ho jaa.
Apply to IT=@PSD to join IT’s new portal (if any) outside LCI.
https://www.gkexams.com/dictionary/hindi/17406-gandi-meaning-in-english.html
http://www.lawyersclubindia.com/experts/Divorce-from-my-wife--681326.asp
