Mango (Consultant) 16 March 2013

Crpc 125 - submitted two different docs

It has been quite a year of sections for me starting from DV to 498a. I have question here on validation of documents submitted by the lawyers. My case started with police complaint where my wife alleged that she has been mentally harassed by me and now she is NOT mentally well. This complaint nowhere said that any physical harassment has happened OR talk about my parents. After a few days, I got an DV court case notice, where it has been stated that I'd beaten her badly and further my parents didn't come to rescue her at all. It has been stated that she needs 15 lacks and one bed room set to retain her peace of mind.

I’ve filed divorced petition and as usual she filed 498a case. I've asked in CAW cell to show any evidences where I've beaten her and showed them the police complaint, which says that it’s a "mental" harassment and not "physical" harassment. As usual, IO repeated that "mental" harassment comes only when there is "physical" harassment. I was wondering why in this world only our law and order gives so much flexibility to women!

This is the background of my case. What I want to ask here is that in DV case my wife first claimed that she is not working and she needs money to maintain her (my wife dropped her current employment and joined some other place). When we hired a private detective to furnish this fact, her mother came to know about this and suggested my wife to drop her present employment as well. My wife's lawyer asked her to join some other company. In next petition, my wife claimed that she is earning 22 thousand per month and filed another claim in domestic violence that she still needs maintenance. Two judges have been changed since the DV case is going-on. I tried to get the evidence to know where she has been working in these three months but failed to get that. My question here is that my wife made two different statements in the court so is there is a section under which I can sue her to say that she made two completely different statements.

This is not just with DV case but with the divorce case as well; they've filed two completely different answers. Her lawyer has put-up the completely different facts on divorce versus DV case.

Just seeking an expert advice to counter maintenance claim.

Mango

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(Guest)

Cant get away with maintenance, if wife had told she is not ready to cohabit with you, then no need for paying maintenance.

But she is sort of willing to come back in your case, so money you have to pay, down the line.

About she has given two statements, it is common.

They ie wife give statements at 2 different places in ten different ways, it is absolutely fine. But eventually the court will come to know that she has not come with clean hands, but still as she is showing that she is not working and not earning money, she is entitled to maintenance, for whatsoever period of time until you lay hands on the evidence like salary certificate, bank statement etc to prove that she is a working woman and earing money, you will have to pay money. No two words about it.

Regarding suing her, that part comes later in the show.

Now they have told some story in DV, another story in divorce petition reply [which of course will be contradictory to each other], all these two timing replies will come in your favor eventually, and you will be granted divorce one fine day! SO no need to worry.

Now the suing part.

IF any of the two cases after being dismissed ie the 498a and the DV, you can take a certified copy of the same [order sheet] and then file a case against your lovely wife for registering false cases against you, you can all in all file 3 cases against her including defamation, let you be informed that, if you ask any lawyer about the cases that you might want to file against your wife, they would tell, it is of no use and its just time and money consuming. But if you want to sue her for defaming you, it can be done.

Mango (Consultant) 17 March 2013

Thank you very much HelpingHand for answering this question....

I have one more quick question... If she has showed that she is working and earning 22K then still she is entitled for maintenance? I am getting 66K net salary in hand....

"she has not come with clean hands, but still as she is showing that she is not working and not earning money, she is entitled to maintenance"

If she has not come with clean hands in the court and both the copies of cases are filed in the court... Would that NOT be sufficient enough to say that it's typical case of forgery?

(Guest)

Originally posted by : Mango
	Thank you very much HelpingHand for answering this question.... I have one more quick question... If she has showed that she is working and earning 22K then still she is entitled for maintenance? I am getting 66K net salary in hand.... "she has not come with clean hands, but still as she is showing that she is not working and not earning money, she is entitled to maintenance" If she has not come with clean hands in the court and both the copies of cases are filed in the court... Would that NOT be sufficient enough to say that it's typical case of forgery?

Today you might be earing 66k, tomrw you might earn just 6k, likewise, today your wife will tell that you are earing 66k, but this 66k is not a peramanent thing, it may change in the future to a lesser figure, that is called as change in circumstance.

And even though she has filed two statements which are already in the court, she ie her lawyer will arugue on the basis of change of cirumstances, then she was working, but today as of now she is not working, she is mentally tortured and undergoing medical treatment etc, so cannot work for a period of so and so pay money...

But the thing is you will have to pay money. Instead of worring about paying money {IA} you should be worried about getting over with the case in total as early as possible by pleading to your lawyer and inturn the judge.

Remember, the alimony what you are thinking of paying is only interim one, finish off case fast, or else you will have to pay interimg alimony for years together. And any such alimony [interim] is awarded only for a period of one year, and your wife will have to submit a fresh application for aliimony at the end of one year, and you too can submit fresh reply to her petition for alimony stating change in circumstances, to lower your alimony.