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a (w)     18 March 2013

Appeal after 125 orders.

Dear Sirs

I'm fighting a legal case, where my estranged wife filed for Maintenance for herself and my 9 year old child.

In an order passed by MM's court (in 125 CrPC) asking me to pay a hefty sum equivalent to my 2/3 salary to them, against that I’ve filed an appeal and the outcome is expected in the sessions court.

I've few questions here.

1. At the time of replying and at argument stage in 125 matter, Iwas not aware for her working status and did not have access to her income tax returns and bank statements; I got hold of these documents and information after the MM's orders in the 125 matter. How can I make best use of these to fight the matter, and what reprieve I can expect.

2. Since she is working and earning approx. 35 thousand a month in a semi government job, what options do I have?

3. On the other hand they seem to have filed for an Execution of MM's orders asking me to pay from the date as ordered, but in the light of these developments, would the court reconsider the decision????. So far I’ve not paid any money as asked by the court.

4. What options I have if the session’s court rejects my application of appeal.

5. Kindly guide as I feel cheated and does this concealment of hers leads to any kind of reprieve for me and a penalty for her.

6. Is this an appropriate time to file for Divorce ( as i know she is working and earning, concealing facts etc.) and what options do I have to ask for my childs custody but initially visiting rights?

Best regards

a



Learning

 2 Replies

rahul (director)     18 March 2013

file CrPC 340 against your wife, mentioning that she lied under oath, she should face criminal trial,

the order passsed by MM will be upturned.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 March 2013

Lying on a sworn affidavit is a serious offence. Depending on the jurisdiction, it may be considered perjury, interfering with an investigation, or any one of a number of other crimes. Offences may be punishable by fines, community service, or even jail time. If she was not mentioned about her job and emoluments in the job in her affidavit. You can file a child custody petition in the concerned family court.


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