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Rajender (law consultant)     26 November 2011

Interim maintaienence

Dear All,

              I need help.

I am giving interim maintenence to my wife of Rs.6000/- on my gross salary of Rs 22780/-.Now i brought  evidence to the court notice that my wife is working and earning in hand salary of 8493/-month.She is in working since July 2009 and court pass the order of IM in May 2010 where as she filed the case in Feb 2009 and given status no source of income on oath .Till now i have paid 75000/- to her.

Our evidence are closed and headed for argument from last 4 months.But the other party wants to clear the arrear of Interim Maintenence.Where as I have provided salary account and employer details of my wife to court in Nov 10 and Jan 11 Respectively.

What to do now >the court is asking me to clear her dues first.

I filed for 340 but judge is not entrtaining that and delaying where as in her cross also she refuses of working.

I also withdrawl Divorce case as i requested court to take her back .Then court transfer to mediation cell but she did n come there in three dates.Now They ask compensation for withdrawl of divorc case as it is withdrawn by me.

 

Please advise how mto proceed .



Learning

 7 Replies

Advocate Vishnu (Advocate)     26 November 2011

Is your wife ready to come and live with you now...?
just pay the costs.. to your wife's advocate and settle the issue

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 November 2011

Dear rajender

IF  you have documentory proof or if you can prove that she is working then you filed an application before the court u/s 127 Crpc with related Citation/Court Judgement. feel free to call

read it

127. Alteration in allowance.

 

1[(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.]

 

(2) Where it appears to the Magistrate that, in consequence of any decision of a competent civil court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.

 

(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that-

 

(a) The woman has, after the date of such divorce, remarried; cancel such order as from the date of her remarriage;

 

(b) The woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order-

 

(i) In the case where such sum was paid before such order, from the date on which such order was made,

 

(ii) In any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman;

 

(c) The woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to 2[maintenance or interim maintenance, as the case may be] after her divorce, cancel the order from the date thereof

 

(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom 3[ monthly allowance for the maintenance and interim maintenance or any of them has been ordered] to be paid under section 125, the civil court shall take into account the sum which has been paid to, or recovered by, such person 4[as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of] the said order.

 

1. Subs. by Act 50 of 2001, sec. 3, for sub-section (1) (w.e.f. 24-9-2001).

 

2. Subs. by Act 50 of 2001, sec. 3, for "maintenance" (w.e.f. 24-9-2001).

 

3. Subs. by Act 50 of 2001, sec. 3, for " monthly allowance has been ordered" (w.e.f. 24-9-2001).

 

4. Subs. by Act 50 of 2001, sec. 3, for "as monthly allowance in pursuance of" (w.e.f. 24-9-2001).

 

STATE AMENDMENT

 

Maharashtra: In section 127,-

 

(a) in sub-section (1), in the proviso, for the words " five hundred rupees" the words "fifteen hundred rupees" shall be substituted;

(b) in sub-section (4),-

 

(i) for the words "monthly allowance", where they occur for the first time, the words "maintenance allowance" shall be substituted;

 

(ii) after the words "monthly allowance", where they occur for the second time the words "or, as the case may be, the lump-sum allowance" shall be inserted.

 

 

[Vide, Maharashtra Act 21 of 1999, sec. 3 (w.e.f.20-4-1999)] [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure ( Amendment) Act, 2001 (Central Act 50 of 2001) sec. 3 (w.e.f. 24-9-2001)].

 

Tripura: In section 127, in the proviso to sub-section (1), for the words "five hundred rupees", the words " one thousand five hundred rupees" shall be substituted.

 

[ Vide Tripura Act 9 of 1999, sec. 3 (w.e.f. 9-4-1999) ] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words " not exceeding five hundred rupees in the whole" have been omitted by sec. 2 (w.e.f.24-9-2001)]

West Bengal:

 

In section 127, in the proviso to sub-section (1), for the words "five hundred rupees" the words "one thousand and five hundred rupees" shall be substituted.

 

[Vide West Bengal Act 14 of 1995, sec. 2 (w.e.f. 2-8-1995) ] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words " not exceeding five hundred rupees in the whole" have been omitted by section 2 (w.e.f. 24-9-2001)].

1 Like

(Guest)

you would have to sumbit her salary slip in court and prove that she is working . you would have to put an application under sec 191 and 195 r/w 340 Cr.pc since she has falsely deposed under oath and the court would have to take action .

Rajender (law consultant)     26 November 2011

Dear Sir,

In our Evidence we summoned Bank where her salary deposited and her college with records.Both the evidence in court.Evidence are and Now the case is pending for Arguments.Though we have submitted our written arguments.But the other party is insisting for Full arrear of IM.and they are not agreening for arguments and delaying the thing and Judge too delaying the things.

What to do now Please advise.

secondaly I ve withdrawn the Divorce case and they are siting  undersection 23 if any case is withdrawn then compensation can be given to the petitioner.

They have file an application for my arressting as from last 3-4 months i am not giving IM and back arrear to girl.

What would be my stand.

Thirdly I also filed 340 for giving wrong information or not providing true information to court of her service but judge is also not taking my case with seriousness.

Please advise.


(Guest)

Appeal u/s 29 of PWDVA  in sessions court and get the case stayed...if possible..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

Hmmm,

 

What applications from your side is pending, and what applications from her side are pending, unless there is an execution petition pending, they can not withhold arguments, the court can proceed w.o their arguments.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

rajiv_lodha (zz)     29 November 2011

Its disheartening to know that girls are fearlessly making false statements in affidavits/under oath. There is no more fear of Sec 340, 191 etc as courts rarely take cognizence of this.

One reason is that these contempt proceedings are to be initiated by respective court only, at the end. U act as whistleblower. Judges do not want to increase their own headache. Otherwise urs is a right case of 191,193

In ur case, u have produced Solid Proof of her earning, u will taste success sooner or later.


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