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Rahul   09 June 2016

Crpc 125

Hi Experts,

I am going through CRPC 125 filed by my wife in month of Feburary 2016, immediately after filing the case of Section 9 by me.

The moment she filed CRPC 125, she was working at salary of 30000 per month in a college, but after two months she quit her job and joined somewhere else, Name of her new employer is not known to me now but I have her bank statement of previous account which was closed immediately after 2 months of filing CRPC 125

I am earning 80000 per month

We have a son and he is with my wife.

In this situation, could you please advise me urgently that how can I defend myself against extortion initiated by her.



 8 Replies

Dana Kayoni (Expert Humanitarian and Lawyer)     09 June 2016

YOu cannot use word EXTORTION.  Extortion is something else, which you have not seen, wait for some more time, whne wife files a dozen criminal cases on you and asks 2 crore alimony, then you can differentiate btw extortion and this.

 

You will have to pay alimony to her and the kid, give proof of her present income to court so that court may not ordr alimony for her.  Adopt a wait and watch method and fight cases on basis of merit.  High court for appeal option against lower court.

Rahul   09 June 2016

Hi expert, Can any expert and male lawyer help me to defend myself. Its obvious that after filing of crpc125 every woman will try to hide or quit her employment. In this situation she is intensionally doing it.courts should take it in consideration and avoid to order high maintainance. I m ready to pay maintainance to child but not to her as she is capable to earn and was doing job even after filing crpc 125 and after two months she quit it.

Rahul   09 June 2016

Hi expert, Can any expert and male lawyer help me to defend myself. Its obvious that after filing of crpc125 every woman will try to hide or quit her employment. In this situation she is intensionally doing it.courts should take it in consideration and avoid to order high maintainance. I m ready to pay maintainance to child but not to her as she is capable to earn and was doing job even after filing crpc 125 and after two months she quit it.

Rahul   09 June 2016

Hi expert, Can any expert and male lawyer help me to defend myself. Its obvious that after filing of crpc125 every woman will try to hide or quit her employment. In this situation she is intensionally doing it.courts should take it in consideration and avoid to order high maintainance. I m ready to pay maintainance to child but not to her as she is capable to earn and was doing job even after filing crpc 125 and after two months she quit it.

Born Fighter (xxx)     09 June 2016

Dont panic. If you have details of her bank accounts and if it shows deposits of her salary then its a crucial evidence on the basis of which a prudent/ competent lawyer can fight against awarding any maintenance or less maintenance to your wife.

 

What is the qualification and previous work exp of ur wife ?. If she is well educated and has previous work experience then she cant sit idle to claim maintenance from husband. Browse similar queries on maintenance on this forum......, there are ample judgements from APEX/HC wherein maintenance is denied to working/ capable to earn & well educated females. There are judgements where wife was not working at time of filing/claiming maintenance but based on evidences presented to court on her qualifications and previous work- exp the maintenance was denied/awarded less.

 

If she is working now then how much time will it take to find that out if you monitor her daily routine with the help of a detective for 2-3 days. Dont think much....Its time to gather evidence as much as possible. 

 

Claim for hefty alimony/ one time settlement will be on the way, so dont get puzzled/ surprized.....fight on basis of merits.

 

Do remember you may not succeed at lower court so be prepared to appeal in HC  in case the order is not based on merits.

 

You need to hire a competent lawyer who has vast experience in divorce.maintenance related matters to defend ur case thats crucial. All the Best !

A walk alone (-)     09 June 2016

Refer SC/HC judgments in which "working wife cannot leave job and sit home to claim maintenance" given. You can search it at Indian kanoon website. You can take help detective for finding her job place and salary. You have to pay for child only.

Rahul   04 August 2016

Hi Experts,

I just found that my wife has quit her job immediately after filing CRPC125.

Earlier I was thinking that she is doing some other job but now got to know that she is not working intensionally to claim maintainance .As I told that I have copy of her bank statement till end of  April this year and she filed crpc125 in month of feb this year. means statement post 2 month of filing case.

Additionally I have her last three year bank statement as well.

On education side I have cop of her all educational documents. She is masters in Science and has more than 4 year of experience in teaching(Colleges and School)

My lawyer is saying that judges may not consider that statement because now she is unemployed and some sympthy is also being given to women in courts normally.

Please advise

Regards

Rahul

Siddharth Dev (Advocate)     05 August 2016

meet your lawyer and discuss that matter in the light of evidence. further nothing to add


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