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AC FROM INDIA (SR MANAGER)     18 July 2011

Can maintenance be denied for suppressing facts of income

 I AM NEW TO THIS FORUM BUT I BELIEVE THAT I WILL GET ALL THE HELP FROM YOU PEOPLE. I AM IN TROUBLE AND DESPERATE FOR HELP. MY BRIEF CASE HISTORY IS AS FOLLOWS,

MARRIED IN 2006. ARRANGED MARRIAGE. BOTH ME AND MY WIFE ARE WELL QUALIFIED. SINCE VERY BEGINING WIFE SEEMED NOT INTERESTED IN MARRIAGE AND WAS VERY AGGRESSIVE WHEN I ASKED ABOUT HER INDIFFERENCE TO ME. WITHIN SIX MONTHS A STAGE WAS REACHED WHEN SHE LITERALLY CUT OFF ALL MARITAL RELATIONS WITH ME AND WE STARTED TO LIVE IN DIFFERENT ROOMS OF THE SAME HOUSE. THE HOUSE IS ALSO SMALL BUT WE ARE LIVING SEPARATELY AS STRANGERS SINCE 2007 UNDER ONE ROOF WITHOUT ANY COMMUNICATION WHATSOEVER. THIS MAY SOUND UNBELIEVABLE BUT BELIEVE ME IT IS REALLY HEARTBREAKING AND EXTREMELY PAINFUL TO ME. SHE DOES NOT EVEN ACKNOWLEDGES MY PRESENCE IN THE HOUSE AND I AM FACING SEVERE RESTRICTION OF MOVEMENT IN MY OWN HOUSE. I FILED DIVORCE PETITION IN FAMILY COURT ON THE GROUNDS OF MENTAL CRUELTY IN 2008. SHE WAS AWARDED INTERIM MAINTENANCE OF16000/PM AS THE INCOME DIFFERENCE BETWEEN US IS ABOUT 70 TO 80 THOUSANDS RUPEES. I APPEALED AGAINST THIS IN HIGH COURT BUT IT UPHELD THE FAMILY COURT DECISION ON SAME GROUND. I TRIED FOR OUT OF COURT SETTLEMENT BUT SHE IS DEMANDING MY HOUSE OR A SEPARATE HOUSE AS MINE AND HEAVY COMPENSATION WHICH IS BEYOND MY CAPACITY. RECENTLY I CAME TO KNOW THAT SHE HAD SUPPRESSED THE FACTS REGARDING HER INCOME. I HAVE DOCUMENTARY PROOFS OF HER OTHER SOURCE OF INCOME. BUT I DO NOT HAVE A PROOF OF EXACTLY HOW MUCH SHE IS EARNING BY THIS EXTRA SOURCE. IN THIS CASE, WILL HER FINAL MAINTYENANCE BE CANCELLED. WILL HER DEFENCE AGAINST DIVORCE BECOME WEAK FOR MISLEADING THE COURT AND FOR FRAUD.

KINDLY SEND ME SOME JUDGEMENTS OF SIMILAR CASES AS MINE AND WHERE FINAL MAINTENANCE IS CANCELLED BY COURT AND PROVISION OF SEPARATE RESIDENCE TO WIFE BY HUSBAND IS DENIED.

KINDLY ALSO SEND SOME JUDGEMENTS WHERE DIVORCE WAS GRANTED BECAUSE THE WIFE MISLED THE COURT AND IT WAS PROVED IN THE COURT THAT SHE CANNOT BE RELIED UPON BECAUSE OF HER CRIMINAL AND FRAUDULENT NATURE.



I HUMBLY REQUEST YOU ALL TO HELP ME. I AM LOOSING MY HOUSE, MY PEACE OF MIND AND MAY BE MY SURVIVAL ITSELF IS IN TROUBLE.



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 July 2011

You produce those documents before the court and cross examine your wife on the basis of those documents.  If she has got sufficient income then maintenance wont be awarded, if not maintenance will be awarded.

Ms Liberal (others)     18 July 2011

Definately she has committed fraud for supressing the material facts beforre the Court. You may file fresh application with fresh cause of action that has brought to your notice

ashish (Translator)     18 July 2011

Dear Sir,

My name is Ashish,

Please advice me whether family court can direct the employer to deduct the maintance amount from the GPF of the employee who was working with Govt. Organization.

Here My case ia as under :-

I was working in Central Govt. Department since 1997 to 30th April, 2010.

My service was terminated w.e.f. 30th April, 2010 and appeal is pending before Appeallate Authority. I have not withdrawn my GPF amount from my office till date due to pendency of my appeal before appeallate authority.

I got married in May, 2000 and  My wife was with me upto six year, She left my house in May, 2006 and filed maintance petition before faminly court at nagpur and mainance is allowed of Rs. 3200pm (i.e. Rs.1700 to my wife and Rs.1500 to my doaughter) by family court.

I was regularly paying the maintance amonut of Rs. 3200/-pm by sending Money Order to her.

In the meantime, I filed a applicantion to grant conjugal right and petition is placed for order in this month, july, 2011.

Since, my service was terminated w.e.f. 30/4/2011 and now I dont have any source of income and I am totally unemployed person.

So, I have stopped to pay any amonut of maintance from May, 2011.

Now, the  my question is here, whether Family court can direct my department to deduct maintance amount of my GPF money which is still with my department.

In recently , High Court has passed an other that court has no right to direct the employers to deduct the maintance from employees GPF fund since no body can touch to GPF fund and GPF fund is totally his personal saving for future.

Plz advice me in this regards as earlily as possible.

with regrds,

Ashish

Ms Liberal (others)     18 July 2011

If the High Court has given decison then it must be binding on the lower court. Kindly place the citation here on this forum for the benefit of others

However if it can be alter only by HC and SC. You will get some relief from lower court

If the RCR has been filed why she has not joined to you?

On which ground the court has awreded the maintanace You have not mention clearly. In normal case if the wife left the matri home without the reasonable cause she is not entile for any maintanace

Kindly state it clearly


(Guest)

I remember there was a news regarding the same and court had directed that nobody can touch that money.

Raghav Sood (Lawyer)     19 July 2011

 it will end in grant of mdicum maintenance to wife but strict proof is required because even a mliionare wife can seek maintenance from her billionare husband


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