LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sidharth (Officer)     23 October 2013

Wife filed a case under 125 cr pc for half my salary

Respected Members and Lawyers,

I am a defence officer and got married in 2010. I married without any dowry with a girl from well educated family. Infact my father sold his house for my marriage and I took loan to purchase a new house where my parents are now staying. My wife never behaved nicely with me on my postings and used to threaten with filing fake case or charge me with hitting her whenever I asked her for anything including marital relations. I kept quiet for almost an year during which time she used to stay at her parents house for doing her B.Ed for which I was paying the fees. Thereafter She joined Ph D again at her hometown against my wished and spent most of time there while I kept paying the fees. She never did any household work or anything else. She also started demanding that I transfer the house on her name or tell my retired parents to bear the EMI of the house loan themselves. When things became too much and she was scaring me everyday with threats of Suicide attempt thus getting me into Jail, and of cases against my parents if they even visit me ever at my posting place,then I told everything to my family elders. She accepted her mistakes and said i'll change my behaviour after going back to my hometown and come back after PhD and then live properly. But I received a Court Summon later underSection 125 Cr Pc wherein She has demanded Rs 50,000 p.m. as maintenance which is more than my gross salary of 88,000 ( from which I get 26,000 only in hand after Tax, Pf and Insurance and Loan EMI). This 26,000 is used by me and my parents for daily needs and also to send her money whenever she asked( she stopped asking money for last 6 months). In her case She has blamed me of Impotency(False..!!) Dowry Harassment ( I never took a rupee, and have proof of my father selling the house one month before marriage and using the money towards payment of marriage expanses) and that I threw her out of house and not giving her money(Infact I came to know that she enrolled herself for both B.Ed and now PhD as unmarried and got fees receipts on her father's name, though I have transaction records of Rs 2,50,000 into her and her father's account under Fees headings). And She stated that though She is MBA, B.Ed and Pursuing PhD, She doesnt want to work so she should get the maintenance. Under these circumstances What is the likelihood of Court seeing her mallified intentions of not wanting to continue marriage but extract money from me. I can documentarily prove all her allegations wrong for Impotency, Dowry and Harassment, Infact can have proff of her harassing me including witnesses)



Learning

 17 Replies

sandykrish (Interested in Family LAW)     23 October 2013

Nail her with the proof you have. She is able bodied person no maintenance if your lawyer is countering the claims in the smart way. Use RTI effectively and get the certificates of her studies and present it as part of your evidence and counter the claims with she harrassing you and your parents. With the above information I am 100% sure that she will be denied maintenance.One thing is for sure the burden of proof lies with you. Sit with the lawyer and draft a well prepared counter. If you dont have a child then no maintenance. This will be their fisrt failure and your fisrt step for success.

Arvind Singh Chauhan (advocate)     23 October 2013

Sandy is quite right. Follow his advice.

Sidharth (Officer)     23 October 2013

Thanks Sandy.. we do not have any kid.. because as i said she used to pretend uninterested in making marital relations and used to threaten that she'll shout i'm beating her and collect the neighbours if i ask to make relations.. he proof are there as in she has said herself that she registered herself as unmarried and paid fees on father's name so that he can claim tax rebate.. from marriage till nov 2012 i kept putting money in her account to which she has never accounted for.. and after november 12 i got her name jointly in my salary account so that now she is free to take any amount she wants, but she didn't withdraw after that. However i guess it falsifies her claim that i didn't send her any money for maintenance.. because my point is I never abandoned her and always considered her my wife so why should i send any fix amount on a monthly basis. She has gone to the extent of cancelling my SIM which was on her name by reporting it as stolen( I have the SIM physically) so that she can blame that i never contacted her during past one year.

sandykrish (Interested in Family LAW)     23 October 2013

Sidharth, Please contact your lawyer and immediately follow the above process. This will definitely work for you. Have patience in matrimonial issues, we have avid friend like Sufferer and other friends in this forum who would back you and provide all the support you need to needle such false people.

 

Good luck

Amin (SE)     23 October 2013

Use google.com and search for 

Save Indian Family Foundation (SIFF) and call nearest helpline centre. They will help you

Don't worry of these false cases, gain knowledge and strength.

laxmi kant joshi (instructor)     23 October 2013

1. Keep all the educational proof with you. If you are not easily get those then go to her college and contact the dealing clerk and get the full detail of her like her roll number , enrollment number etc . Give some money to him he will provide mark sheet to you if not then by filing RTI you can easily get It or you also get It from university office same day , get university office address from the dealing clerk , get phd detail from her college or contact the head of phd give him full detail and request him to provide you attested true copy of her phd degree 2. Raise high objection in The court regarding her claim for maintenance u/s 125 crpc ,convience The court after showing her educational and phd degree, state that she is capable for her maintenance ,on raising such truth court will dismiss her maintenance petition . 3 . Regarding your impotence go for treatment to a renowned doctor or if you are fit then get issued a medical fitness certificate from The doctor stating you are fit for married life . 4. Made a complaint in The police station of your area that your wife always threatens you to commit suicide or she will made a complaint of dowry harassment against you and yours parents. 5.engage a lawyer to handle your case on behalf of you.

Sidharth (Officer)     23 October 2013

Thank You Mr Joshi. In a few weeks i'll be going to her hometown for the first time for the first hearing of case which she has filed. At that time i'll put things in motion for obtaining her educational records. As regards my impotency claim, It is a fake claim and I have got myself already tested ( not that there was ever any doubt..) and obtained the certificate. I'm planning to refute her allegation putting it as mental cruelty wherein she used to call me impotent and humiliate me and never had relation with me( as per her claim) inspite of me being fully fir (after i produce the certificate) . Is it not so that the marriage itself becomes nullified if the wife says we never made relation inspite of me being fully fit..?? Also now that she is not staying with me for past one year and has already filed a case. I do not think that a police report against the threats made by her in the past are going to be of any help, infact they might be taken as a defensive measure taken by me to counter the court case. I am relying on the very basic sense and logic of the Judge hoping he sees above the woman favouring laws and realises that this is a blatant misuse of the laws by my wif, as can be inferred by you all or any other person who I come across or show the documents I have. I have been reading the case of Ms Lollipop here and infact what my wife is trying right now is exactly the same. Though I hope it's not her.. :P

fighting back (exec)     23 October 2013

@laxmikant joshi....RTI will not be of anyhelp in getting the education qualification from the university, it will be denied by the university as it is a third party information request and not that of the university, reasons will be given as 'third party information" 

sandykrish (Interested in Family LAW)     23 October 2013

Sidharth, Damn who is Lollipop, or Candy stick stick on to your goals and start working on what is required. Leave rest to your Lawyer. If you have any questions keep us posted in the forum we will help you out.

Sudhir Kumar, Advocate (Advocate)     24 October 2013

you are lucky in one way. Being defence officer your wife can seek maintenance out of your salary without court order. Probably she doe snot know the provision. Make sure she does not know also.

Sidharth (Officer)     24 October 2013

Mr Sudhir, Yes i know there is a provision, and she has already tried to do that by writing a letter to my CO. but the rule says it will be attached only if the CO is satisfied with the allegations. I am lucky that my CO realises that I am not at fault here and he did not order any such attachment of salary.  Infact he has allowed me to use that letter as an evidence in court using which I can further stress on her mentally harassing me by writing defematary letter to superior officers which itself is a very big reason for seeking a divorce.

T. Kalaiselvan, Advocate (Advocate)     24 October 2013

Mr. Sidharth,

You appear to be too disturbed over the bad and undesirable incidences that took place in your married life.  You are an Army Officer, you should be courageous enough to face such adverse domestic situations too.  Let me address your problems with your own answers.  Your wife's allegation that you are impotent can be negatived with the medical examination results; The property disposal and usage of the sale proceeds towards your marriage is a strong proof that you never can demand dowry and to add to your base, you have proofs to prove that you had sent her money time and again for her educational and other needs, this will help you to establish that not only you were not interested in her money but also that you have not thrown her out of your house for any reason she may project it in the later stage.  Now as you rightly said that since you have not abandoned her so there is no necessity for you to send her a fixed amount in the name of monthly maintenance.  If you can prove through her application for Ph.D studies that she registered herself as an unmarried person for the purpose, before the court, you have almost  won the case stating that your wife can go to any extreme with her false claim and the  suppression of her marriage for her selfish purposes is a clear evidence of her fraudulent activity, thus she becomes untrustworthy in all the aspects because her allegations namely your impotency, your demand for dowry and your cruel attitude have already been negatived with the substantial evidences in your possession, thus as a counter claim, you can go ahead with dissolution of your marriage with her by a decree of divorce on the grounds of cruelty added with non-consummation of marriage and desertion.  Do not lose your heart, these days more educated women only behave in this arrogant way thinking they have taken birth on this earth to save the rights of women by such false and dominating activities. Be in regular touch with your lawyer and follow up the case meticulously so that you do not stand to miss any chance to prove your mettle.

Sidharth (Officer)     24 October 2013

Thank You Very Much Mr Selvan.. I have been following your replies on other discussions on this forum and was thinking that my case doesn't deserve any merit for people to even want to help me out other than the few who gave their time and advice to me in the past two days. It is indeed a big boost to know that people of legal community can see what has been going on in my marriage and I hope the Case Judge does the same instead of simply favouring the girl because of the laws as many people have been scaring me. I am a simple defence officer who has been away from home since the age of 16 and do not know the ways of the world and the law much. Just hoping that my honesty shows up to the relevant people and things are sorted out so that i can put back my mind into my profession with a renewed zeal. 

ashoksrivastava (scientist)     27 October 2013

Originally posted by : Sidharth


Thank You Very Much Mr Selvan.. I have been following your replies on other discussions on this forum and was thinking that my case doesn't deserve any merit for people to even want to help me out other than the few who gave their time and advice to me in the past two days. It is indeed a big boost to know that people of legal community can see what has been going on in my marriage and I hope the Case Judge does the same instead of simply favouring the girl because of the laws as many people have been scaring me. I am a simple defence officer who has been away from home since the age of 16 and do not know the ways of the world and the law much. Just hoping that my honesty shows up to the relevant people and things are sorted out so that i can put back my mind into my profession with a renewed zeal.

@ Siddarth I would like to give one piece of information to you,in case you are not aware of it.:

Various allowances for defence personnel can neither be included in salary for purpose of calculation of maintenance ,nor can this part of salary be attached.

regards ASHOK


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query