Dear All,
I got a judgment from JMFC court (Kolhapur - Maharashtra). Directing me to pay Rs 5,000/- towards maintenance (from date of Judgment) + Rs 5,000/- towards rent (from the date of filing the case) + Rs 50,000/- as lump sum.
In this judgment the court says that "I cannot believe that a person working in Dubai & UK is un-employed in India due to the court cases & as he is a Civil Engineer. I assume that he is employed in some company & from where wife cannot obtain the proof of income. Hence I am passing this order."
The facts, which we brought to the notice of the court, are;
Wife left my home without any intimation to me & on her own.
She had filled case under 498a in which we were cleared from all the allegations, the same allegations are made in this DV act case.
She has filled criminal case under section 125, and maintenance is granted in it.
Interim maintenance is awarded in both the cases (DV act & Section 125)
She has filed another case for maintenance in civil court, which is still pending.
I have filed RCR case & willing to take her back & live together, this case is also still running.
She is educated with Bachelors’ degree in arts & has done Interior decoration course & Auto CAD computer course (accepted in her cross examination).
She has further accepted that from the day she left my house (July 2007) till filling of case (Sept 2010) & till date she is residing in her parents’ house.
Her father has ancestral agricultural land of 14 acres + 2 storied RCC building (ancestral) in the city.
She has also accepted that during her stay in my home & with me in Dubai, she was happy & leading a good life.
She has also accepted that she had influenced police to call me back to India from UK (I was scared of police threatening as I had never been to police station, later found that it was not in the law) & I lost the job.
I have even given an affidavit saying that I am un-employed till date & living on my parent’s mercy.
She could not prove my present Income.
At this stage I can understand that the above judgment is given only on assumptions. No evidence of Income, No harassment, No domestic violence has taken place.
My Quarries:-
1. Do I have to pay the amount as directed by JMFC court, immediately, when I appeal in the District court?
2. How can I defend myself in order to quash the case in District court?
3. Can anyone please provide me with the HC & Sc judgments or links on website saying;
A. No maintenance in DV case as maintenance is granted in Section 125.
B. No maintenance for well educated wife even not working & capable to earn.
C. Maintenance cannot be levied on husband who is un-employed.
D. Husband’s income has to be proved for granting of maintenance.
E. No maintenance for wife who left husbands house on her own & with out any reasons.
F. No multiple maintenance can be ordered / claimed from one person for same reasons in different courts & cases.
Waiting for your valuable information & advices.
