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Rahul   13 September 2017

Crfpc 125

Hi Experts

I am going through CRPC 125 in Mohaliu distt of Punjab.

I am earning 87K per months and my wife is earning 20K per month and working as a teacher

Case was filed in Feb 2016 by my wife and in september 2016 she forwarded application for interim maintainance.

As an evidence I have provided Copy of her education certificates and bank statements for last 4 years where her salary is being credited.This was arranged by me from my sources and hence not certified.

After looking at the statements court ordered my wife to present copies of bank statements and date of account closure but she has not submitted yet.At the same time court asked me to provide ITR copy of mine.

My advocate said not to appear in court for few dates to avoid false statement under oath.

At this point of time I am little confused and have following questions:

1. Can court consider evidence of bank statement provided by me for earnings of my wife?

2. If I dont appear then what can be the consequences as my advocate said exparty will not happen and judge will grant minimal amount as interim maintainance

3. By considering bank statement as evidence what maintainace on an average can be granted to her. She is living in a village and I am in Tier 1 city of india. However I have not disclosed my work and location to court yet.

4. If my wife leaves job now then what will be impact on me as I have already given evidence after interim maintainance application

I think my advocate is influenced by opposite party thats y asking these questions to u

Regards

Rahul



Learning

 6 Replies

Born Fighter (xxx)     13 September 2017

In case wife does not submit her bank statements then it will be considered that wife has accepted the statements provided by you . Also if u do not file ur ITR it can go against you. 

Why are u hiding the ITR returns when asked by the court ...... go clean ....

If ur wife has lied to the court that she is not earning / working then u can file perjury case and look for an settlement at decent amount.

Things can go in ur favour provided u do not have a child......do you have one ?

 

 

 

Rahul   13 September 2017

Hi Born Fighter,

I am not providing my ITR because my advocate said, if your income is disclosed then judge may grant 15-20 thousand amount as maintainance minimum so its better to hide your income. Normally, Lower court does  not understand the expenses and liabilities. they usually assess maintainance on incomes.

Yes I have one child/Son who is with my wife.

I can not pay more than 4-5 K because of my current liabilities of parents and expenses of Tier 1 city-Delhi.

Just want to understand even if they provide evidence of my income then what should be logical maintance on practical grounds. SHe is living in one of the village and I am in delhi

 

Rahul   14 September 2017

Experts, please provide ur comments

Born Fighter (xxx)     14 September 2017

Your Prime focus should be to reject wife's maintenance by presenting vital evidence and proper arguments based on HC/SC judgements.

secondly you should work out expenses that your 5yr old child will incurr based on reasonable expenditure incurred for school fees/food/clothes/toys etc etc.....please read my earlier detail reply in some other thread, in this regard

Childs maintenance is unavoidable and sorry but u cant get away with just 4-5k.....in my view the courts will grant anywhere between minimum 8 to 12kpm for 5yr old child

 

Wife income if proved to be 20k would be sufficient for her needs, if courts take a fair view and ask u to take care of childs maintenance.

In my view u should present ur income details (since asked by the court) and justify why u cant pay more

 

 

Rahul   18 September 2017

Hi Born fightet/experts, One more thing i need to know is that if during trial she quits her job then what will be impact on me. Till date bank statement i have already provided to court

Adv Radhika Mehta (Advocate)     19 September 2017

If she quits, she will have to explain to the court the reason for the same.  Any any which way, there are a plethora of judgements which say that a woman cannot sit idle just to harass the husband. 

Also, i would highly advise you not to hide your ITR as otherwise the Court can draw adverse inference. The conduct of your lawyer seems highly suspicious.  I would also advise you to change your lawyer.  


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