Section 125 for maintenance for my son

Guest (Querist) 20 October 2026 This query is : Resolved
I and my wife both are Hindu. We got married by Hindu Marriage ritual in year 2015. We are living separately since Oct 2017. We have a son which was born in January 2017. We both are PSU bank Employees. She left our son in my custody in March 2017 (when he was just 3 months old). She filled a falls 498A case on me and my family just to extort money.
In 2019 She admitted in her cross of 498A that “she does want to keep her son”. I already filled Section 125 for maintenance of my son in year 2018 as we both are employed and responsible for our son. She filled for custody of our son in Feb 2020 (after 3 years) just to mislead the court and gain sympathy.
She gave her chief of custody case in year January 2024. She did not even bother to give her cross of examination in custody case. In November 2025 her custody case dismissed by court. She just wasted time of court in these years (2020 to 2025). The filling of custody case was her tactics.
Now in October 2026 she gave her chief in Section 125 (maintenance for son). She said the husband is capable for maintaining himself and his son. So She is not responsible for maintaining our son.
Wife is making following falls claims in her chief of Examination
(1) My husband is getting rental Income, but fact is I don’t own any house or property at any point of time.
(2) She is telling her Husband income (Gross Income) to show my income (husband) on the higher side
(3) She is telling her in hand salary to the court to show her income on lower side to show the income gap more.
(4) She is not telling that she is getting conveyance/Petrol for travelling to and fro for office and home from employer.
(5) She is saying that She is paying high rent (expenditure) for living. but the fact is She is getting rental assistance from employer. So, she has to pay a meagre amount from her pocket.
Overall, she is hiding the above facts and making falls claims just to avoid her maintenance for our son.
Now her cross Examination is pending. Please guide how to prove the above facts in the court.

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Quick Summary

This discussion concerns a father's Section 125 maintenance case for his son, where the mother is attempting to avoid her financial responsibility. Despite the child being in the father's custody since infancy, the mother has pursued custody battles and is now making false claims in the maintenance hearing to minimise her income and avoid contributing to their son's upkeep. The father seeks guidance on how to prove these false claims and demonstrate the mother's financial obligations.

kavksatyanarayana (Expert) 30 October 2026
What is the opinion of your lawyer? The maintenance of a child depends not only on the husband but also on the wife. The court decides in whose custody the child is living and his/her responsibility for the child, including both parties ' income. If you have sufficient grounds, you have to prove the facts in court through your lawyer

T. Kalaiselvan, Advocate (Expert) 06 November 2026
This is a matter of trial and arguments, you may be in regular touch with your advocate o all such further issues

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