Respected Members, I have posted earlier that My wife has filed CrPC 125 and Sec 13 against me. The case has been going on for almost one year now. She has filed the case at her native place, However I being in defence, am posted to another place, and my lawyer is in my hometown which is at a third place. Now till now, I have given detailed written replies to her applications and that have almost given me an upper hand. The 125 case was in testimony stage and Sec 13 in Evidence stage. Now to my bad luck, The judge got transferred, And now my wife has filed additional applications in both Sec 125 and Sec 13 cases which the new judge has accepted. Though the additional allegations are again without any evidence, and I can very well refute them in my reply, But my main probelm is that to prepare written reply, I have to take additional leave from my base, Go to my hometown, Spend thousands on lawyer and documents and then submit the reply, Also causing further delay in the proceeding of the case. My wife knows that I have dearth of leave and also money thats exactly why she is doing this. So now my questions are..
1. She said my salary is 92,000 in her initial application for CrPC 125 and it's interim. This is my gross salary, In my reply I submitted enough evidence that my take home is 25,000 and Judge accepted this and ordered 10,000 as interim maintenance, clearly spelling out the breakdown of my income and expanses(PF, Tax, House Loan etc). Now in new application she has again quoted that my salary is 92,000, my dad's salary Rs 50,000, Rent income of Rs 25,000 and again seeked Rs 50,000. The new judge has accpeted this application and asked me to give reply. Can I refuse to reply at all and ask her to prove what she has alleged ( Obligation of Proof on Accuser) or alternately Give a Verbal Reply under Oath thus saving me the precious leave and lawyer expanses.
2. She has sought that I give affidavit that my salary is NOT 92,000, My Dad's salary is not 50,000 and he is NOT Employed and My rental income is NOT 25,000. I can give affidavit that my salary is NOT 92,000 but 25,000. But I can not give Affidavit that my Dad is not employed for other reasons ( Though His salary is 15,000). Similarly I have No rental income, There is a flat on My mothers name from which rental is 9,000. This again I CAN NOT give affidavit that My mother is earning. Is it possible to refuse declaring Employment and Income of my Parents in my afidavit. As such I do not fall under HUF due to me staying away from family (Defence). And also I have not sought any relaxation on account of giving money to my parents. Without giving them any money, My Take Home is 25,000 which I can give affidavit.
3. Can I say that since My Testimony and Cross is due in Next hearing for CrPc 125, Instead of Court expecting me to reply to her application, She can put the same questions in Cross to which as such I will reply under Oath along with submission of evidence.
I hope I have clarified my delimma, I have all the proof and facts to discredit her applicatons, But I do not have time or money to do so through Written Replies.