Please advise on divorce

 the wife has been capable of
earning but she was not making an effort to earn. Whether the
deserted wife was unable to maintain herself, has to be
decided on the basis of the material placed on record. Where
the personal income of the wife is insufficient she can claim
maintenance under Section 125 Cr.P.C. The test is whether
the wife is in a position to maintain herself in the way she was
used to in the place of her husband"

Hi,

Don't loose your heart.

After issues are framed in your Divorce case, the wife cannot file reply (Written Statement) that easily to counter your claims and relief sought in the petition. The stage to file reply is over and you can put strong resistence to prevent her from filing reply.  Don't give up easily. If you wan to know the Sections, etc. that prohibts her from filwing W.S. now, drop a question here.

Now, she may join the proceedings to challenge your evidence. But if you are submitting Documentary Evidence to support your claim and relief, she cannnot counter them by Oral Statement. Oral statements are barred when Documentary Evidence are present. So in nutshell, if you have strong documentary evidence, her oral statement will not weaken or impact your case.

Section 125 CrPC reads as below:

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate¹[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::

I want to draw attention to the line - A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person...

The onus or burden to proof for negllect/refusal to maintain is on the wife. Typically in false caes, party has only oral evidence to support their allegation but oral statement is not admissible if  documentary evidence is available to counter the allegation (that you have refused to maintain her or neglegted to mainatin her). Depending on what evidence you have, you may easily satisy the Court that her claim is a false one.

If your cause is based on truth, there are ample legal provisions to prevent some false mala fide person take advantage of you. The laws in India are one of the best ones in the world, but the irony is that they are also being worst followed and applied in the procedure and that's why people loose faith in the Court and System.

All the best.

Vishal (2nd year law)