falsecase 28 May 2015

Interim maintance to working wife

Respected members Maintance under cr pc 125 is filed against me after 498a in January 2015. I am going to file my reply in next hearing. In the affidavit she mentioned that:- (a) she is earning remuneration of Rs 4000/- by giving part time lectures in a university. The contract of which will expire in the end of March 2015. (b) she has bank balance of rupees 4 lakhs as cash and FDs. (c) Her fahter is spending all her expenses. The true facts are as under (a) priviously she was working as contract lecturar in a university. And she earned more salary then me even after marriage. (b) her bank balance is more then 6 lakhs rupeea. (c) she is income tax assessee. (d) she never remain unemployed after marriage. I have her attendence records and salaey slips in this regard. (d) in my knowledge she is not working after March 2015. In March 2015 alone her remuneration was 11000/. (e) she ia earning 3000/- rupees per month as interest from FDs. She has not mentioned this fact in affidavit. My queriea are:- 1 is she eligible for interim maintance? She was working at the time of filling the case. She herself accepted in her affidavit that she has bank balance of 4 lakhs. 2. If yes how much interim maintance judge will grant to her. I am government servant having in hand salary of 48000/- per month. 3. Is she entitle for litigation expense? If yes how much i have to pay her?

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2 Replies

saravanan s (legal advisor) 29 May 2015

since she is unemployed at present th court will grant im to her.how much depends on various factors and the court will decide after considering those factors

husbandinneed 29 May 2015

OK Falsecase

seems that you have good evidences, keep them safe and make copies if needed.

Since she was earning and have good bank balance you need to prove your case in the same manner. The interim maintenance is given so that aggrivated party should be able to maintain herself, and as per your records she is able to maintain herself even now and in recent past (March 2015)

Also write down your expences and then deduct from your in hand salary (exp like EMI, fixed outflow of money, dependent parents other household expences) and then make the salary lesser, that way even if hon. court gives her IM then it will be low enough for her to fight the case, otherwise she will evade the next dates and case will run for long.

My suggestion: Fight the maintenance case like this is a death penalty being given to you, if she gets low IM them this case will be a Faansi ka Fanda for her :)

And chill, no preassure