Wife filed sec 125 in July 2011. She averred in her petition that "because she is unable to maintain herself....she requires maintenance". October 2011 counseling session happens and settlement is reached through Lok Adalat to give maintenance @ 4200/- p.m. to the wife as she had averred in counseling session that she is not working anywhere and she requires maintenance as well as she wrote in her 125 petition that "as the respondent is not able to maintain herself......". Also I was not able to prove where she was working and had limited knowledge that time so I agreed for settlement reached through Lok Adalat.
Later on in April 2012 I get to know that wife was working in a prestigious private school in her hometown and earning handsomely even while she filed the petition in sec 125 crpc. I then filed a petition u/s 127(1) crpc in August 2012 for cancelling maintenance of wife as she was working and was able to maintain herself. The wife had averred wrongly in her 125 petition and had played fraud with the court. She was working and at the same time she was taking maintenance.
I had stopped paying maintenance voluntarily (as in one of the counseling sessions in November 2012 I was assured by the Hon'ble Judge of Family Court that till the disposal of the 127(1) crpc case my wife would not claim maintenance from me in sec 125 crpc. Unfortunately all this was verbal and was not noted down in the order sheet.) from November 2012 - till date though the 125 crpc order is still in existence and the crpc 127(1) case is going on in Family Court since August 2012. My statement has been recorded and he has been cross examined by his wife. Also I have given an application calling for records u/s 91 crpc from the wife's school and provident commissioner office citing the wife's p.f. a/c number in which her p.f. was getting accrued. The reply has been filed by the opposite party and in the next date arguments would be held as to why the records of the wife should be called. The wife has mainly taken the defense in her reply that "she had already told me that she was working in the school and I knew this very well".
Wife has filed various execution applications u/s 125(3) in family Court for different months. In some application Family Court has issued recovery warrants against the husband without hearing the husband And In some other execution application the date has been given when the order would be given for the execution applications.
1) Can I get a stay on the crpc 125 order from the HC citing the facts of the case stating the girl has played fraud with the court, she has not come to the court with clean hands as she was working and earning handsomely still she was receiving maintenance ? Can I make this as a prayer in my 482 crpc application in HC ? What is the chance of this being accepted by HC ?
2) Can I also make a prayer that the various recovery execution applications should also be stayed till the final disposal of the application u/s 127(1) filed by the husband ? Can the execution application in which recovery warrants have been issued be stayed by the HC ? Can this also be made as a prayer in my 482 crpc application in HC ? What is the possibility of this being accepted by HC ?
3) The third point in the prayer which I want to make is for early disposal of my crpc 127(1) case filed in Family Court and which is being unnecessary delayed by the wife by claiming exemptions as per maintenance in sec 125 is still going on and is valid so its piling up. What is the possibility of this being accepted by HC ?
I have been advised by my HC lawyer that HC rarely stays the crpc 125 order as well as recovery execution applications whatever be the circumstance of the case. Is this correct ? OR do I have chance seeing the facts and circumstance of my case ? I am filing an application u/s 482 crpc. since the section is criminal. Is it OK ?
Also do I need to file separate application for early disposal and stay Or can I file stay in the same 482 crpc application ?
Please do help with judgments given the circumstance of the case as well as your esteemed suggestions in great numbers. I am in dire need of suggestions and help. Please do suggest in large numbers as to what is the best possible solution in the present circumstance.
Thanks and Regards,