Kundan Lal (software engg) 05 July 2016

125 related questions

Dear experts My wife filed 498a last year, this yr filed 125 crpc. I am working abroad. She was working earlier and now as well on contract as a teacher. But now she has claimed that she is not working and completely dependent on her parental family for past few years. Our marriage went sour within 4 months and she went back to her parents place. We have not lived together for past 5 yrs except where i visited her place to sort out the situation. We have a daughter. I am earning 5000 dollars per month. How much maintainance possibly court can order. I consulted some lawyer they suggest that i dont have to disclose anything, the other side need to bring things on table. Please share your opinion. I am not running away from anything and present in all court dates. Never asked for anything from the girl. She cooked up all stories and in FIR she has witness who will testify that my family took money from them but we did not took anything from them. Lawyers tell me that only after cross it is possible to value the witness statement.all mediations have failed Thanks Kundan

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5 Replies

Khush 05 July 2016

just tell to court that u r earning 1000 dollars a month. i am sure she doesnt hv any proof of how much you earn. may be then court can give her 20000 a month.

try to prove to court her qualifications, and her work experience. try to show that she worked after separation. then maintenance amount can be brought downward.

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Khush 05 July 2016

just tell to court that u r earning 1000 dollars a month. i am sure she doesnt hv any proof of how much you earn. may be then court can give her 20000 a month.

try to prove to court her qualifications, and her work experience. try to show that she worked after separation. then maintenance amount can be brought downward.

Vibha 05 July 2016

Do you have property in your name in India?
What is your immigration status in the US?
Maintenance can be tough when you are in US and wife is in India. It is hard to hide your income, court will ask you for income affidavit with bank statements and salary slips.
Sad part is that may judges do not take into consideration cost of living in US vs India and grant maintenance based on US income multiplied by rupee conversation which can be very high.

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Sandhya Srinivas (Advocate & Legal consultant) 05 July 2016

Dear Kundan,

The burden of proof will be on her to produce documents to show your source of Income.

You declare less salary on court papers, if you will not declare or create less salary documents, then burden of proof shifts on you.

If you fail to declare, then all the averments of your wife will be presumed to be correct by court.

Your Advocate has to argue on point that:

1. you have never neglected or deserted her, in turn she deserted you.

2. She is capable to maintain herself.

Sec-125 Crpc specifies - order for maintenance of wives,children and parents

a ) wife unable to maintain herself

Many judgements denied maintenace stating that qualified wife cannot sit idle and claim maintenance.

Your daughter is absolutely entitled for maintenance. You are liable to pay maintenance to your daughter. Chances to fight only in case of your wife by prooving above said points.

Do not worry about witness his oral evidence has to be substantiate with documentary evidence.

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Kundan Lal (software engg) 05 July 2016

many thanks for your response and guidance on this matter