My marriage has been declared null and void in Feb 07. Thereafter in order to harass me and extract money, she filed a false case during july 2007 misusing the newly enacted Domestic Violence act, 2007 which came into force from Oct.2006, through the local women’s network, invoking all sections and making false allegations and claiming exorbitant maintenance and lump sum amount for her and the child invoking all the sections in the act- economic abuse, right to shared accommodation, etc. The proceedings of DV case is going on in the Magistrate Court. Simultaneously, she has filed case under sec.125 of Crpc in the family court in the name of the child for maintenance.
I have taken VRS a year ago and I have informed the Court the same and the pension I am receiving. I have not furnished the details of the terminal benefits as I do not want this to be made public and this will be a permanent record available to the petitioner available any time with her as proof to extract monies from me. I have informed the court that all my retirement benefits have been expended (details have not been given). I am the respondent and my cross examination is being done.
Today in the Magistrate court, while cross examining me, she asked for the amount of terminal benefits I received. I just mentioned some approx. amount. Later, the opposite lawyer submitted a memo to the court asking the respondent (i.e. me) to furnish details of my assets and terminal benefits like PF, gratutity, leave encashment, etc on the ground that the petitioner is claiming compensation and further cross can be continued only if respondent furnishes the above details. Copy of the memo has been given to us.
My views are:
Terminal benefits and pension cannot be attached. The petitioner’s lawyer is not an IT officer to ask me to furnish these details. Since she has filed the DV complaint, she has to prove to the court get the details. Since the marriage is declared null and void, no maintenance needs to be paid to the petitioner. For the child education and necessities, I have told the court that I will take care of them directly as I do not want to give any money to the petitioner in the name of maintenance for the child because it is in her custody. I have spent substantial amount for medical expenses of my aged parents and also repaid various hand loans and incurred losses in share market. I have no records for hand loans and share market losses. Please suggest me What should be my written objections to the memo denying the details of the retirement benefits. Also inform me the citations with regard to no obligation of the respondent to furnish details of retirement benefits. Will the court insist me to provide the details. Further, can she claim maintenance for the child under two Acts-DV act and sec.125 of crpc. How do I contest both these. Thanks, Raja.