amar 11 April 2016

Crpc 91 for interim maintenance

Hello experts,

My wife had filed a maintenance case U/S 125 Crpc claiming that she is not working. I got to know she is working in a Private company and earning handsomely. The Crpc 125 case is at interim arguments stage and I had submitted an application u/s CrPC 91 to request the court to summon the employer of my wife. The opposite lawyer is opposing this application saying it can not be filed at interim argument stage and the case is adjourned for arguments on the same. Are there any citations available from Supreme court or High courts which can be used to argue that it is valid to file crpc 91 at interim maintenanace argument stage?

Thanks & Regards
Amar

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9 Replies

amar 11 April 2016

Hi,

I came to know about her employment just a week before and hence decided to move application u/s 91 crpc immediately before the court heard arguments for interim maintenance. Need some citations so that we can counter the opposite lawyer's arguments when he opposes this application. Hope that clarifies.

Regards,

Amar

Shekhar (Proprietor) 12 April 2016

To seek justice, you can move the application u/s 91, but you need to prove that you had tried to get her employment details from her employer but could not get. This has to be material evidence. With this You have to prove that it essential to bring the evidence on record to prove that your merit in the case & she has come to the court with unclean hands, with a malafide intention. Tooth & nail one has to fight such cases. Regards Shekhar Bangalore +919731110296

Born Fighter (xxx) 12 April 2016

There are 2 things

what evidence have you submitted to the court to prove that she is working currently ?? . The court should find enough reason to call for employer as witness. Has your wife submitted to court on Affidavit that she is not working. You need to do enough ground work to bring out the true facts to the court. Yes, at interim stage courts do not call for witness, if wife asks the court may but the reverse is rare. I have been saying that do not expect fanily courts to be reasonable towards men especially related to maintenance matters, its the appelate/HC where the wife's who manipulate facts/things are shown their place. So dont worry if FC awards maintenance at this stage. You have to convince the HC that u have taken enough efforts by filing applications to summon employer. I would suggest also file an application at family court to ask wife to produce her Bank statement (you should however know her a/c numbers) OR/AND ITR
At evidence stage court will grant ur permission to call upon employer if there is enough material facts u have presented to the court like wife's resume or name of employer , employee id etc etc. Once employer reveals her income details u can ask family court to revise the maintenance citing change of circumstances and also u can file perjury on wife for lying on oath.