Rahul 28 March 2016

Crpc interim maintainenance

Hi Experts,

My wife has filed CRPC 125 on me and asked for monthly maintenence of 30000(20000 for herself and 10000 for my son). Additionally litigation charges of 20000.

I enquired and found that she is already working with handsome salary of 27000 per month, out of which she get 24200 net in hand every month after deductions. She is a Teacher by profession. I have bank statement of her salary credits.

On the other side I was working with one of the MNC previously till 2014 and then quit the job to avoid disturbances of my in laws because they were living in the same city.Now I am working with some other company with approx 80000 per month but she does not have idea about my job. Please dont mind but to defend myself I kept it a secret from her.

Could you please advise what should I do to defend myself in this case. I want to get this case dismissed because she is already earning good amount and can take care of herself and child.

Regards

Rahul

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3 Replies

Adv Shrikiran.B (Advocate) 28 March 2016

Rahul,

Submit proof of your wife working with the school/college with the court and fight the case on merits. The court may not allow any maintenance to your wife in view of her employment with the school/college and her drawing handsome amount as salary.

Advocate Ram Prasad (Chief Lawyer) 29 March 2016

Adv B Srikanth has rightly advised you.

Rahul 29 March 2016

Thanks B Srikiran and Ram Prasad Ji,

Yes, I have concrete evidence of her employment and I can show it in court but at the same time I want to understand that maintenance for child also not reasonable and she has capacity to maintain him as well. She has filed the case just to harass me immediately after filing of my Section 9 petition.

Regards

Rahul