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BORN TO FIGHT (PROPERITOR)     30 May 2013

Maintanance

Section 125.
 
Case brief :- She has mentioned all bogus thing in that case, she also not know the name of my company where i am working she has mentioned a name just on imagination and my salary 60 K ansking for the maintanance for Rs. 30 K per month. She has mentioned that i have neglected her. But truth is that she has left me and my son on her own will. i am still ready to take her back. Notice Attached
 
My Query:-
 
1. If she has already mention in property WS that she was working before marrige than can she ask for maintanace?
2. She is not having my any employment or salary proof. what should i reply in WS

3. My actual take home salary is Near about 25 k  in which i am paying 12789 Loan EMI, 3788 Bike EMI, 4195 Medical EMI, 1175 My son  School Fees and 2000 monthly for my hypertension medicine. i am having all proof how much she can claim as maintanace?
4. if i have never denied to accept her and will ready to live with her, she has left matrimonial home on her own dezire can court dismiss her maintanace claim?
5 Your personal advice and guidance required.
 



Learning

 17 Replies

HK_Jain... (498a Fighter)     30 May 2013

BORN TO FIGHT (PROPERITOR)     30 May 2013

Sir Thanks for your reply,

 

i have gone through the related judgements, can you support me by replying point wise. if you will do i will get much sence regarding my case.

 

thanks

 

AT

Anis (Asst. Manager - Sales)     30 May 2013

1) If she was working earlier then you can highlight that point in court alongwith the relevant judgement. Search for no maintenance for previously working wife.

2) In my opinion you should submit your salary slips in the court otherwise the court will evaluate the amount on its own. Also when you submit your salary slips then you are showing to the court that you are not hiding anything from it and you are bonafide.

3) At present prima facie the court will grant interim maintenance to her. You home loan EMI will be taken into consideration. However I am not sure whether you other EMI's will be taken into consideration or not. If I calculate the amount of money after deducting all the expenses that you have shown then the court may ask you how come you are managing to live with only Rs.1053/- which is left after paying all the EMIs and other expenses. 

4) Have you filed RCR as you are saying that u r ready to live with her. Has she filed any 498A / DV Act / 406 case against you. If she has filed any of these cases then living with her again will be suicide.

5) Can't answer your 5th question till I know the answer for my 4th point.

BORN TO FIGHT (PROPERITOR)     30 May 2013

Thanks for your kind reply & support

I have not filed any RCR hence my advocate has stoped me to do so. because due to under written reaoso.

she has filed a FIR u/s 498a/323/34. against me and my father & mother. we have anticipatory bail and now we are on bail?

I am having a 3 year 9 month old male child and he is with me for the sake of him only i am still ready to live with her?

please provide me your personal advice that how to avoide to pay her any maintanance.

actualy 25 k was typing error it was 35k please correct it.

 

Thanks

AT

Anis (Asst. Manager - Sales)     30 May 2013

My deepest sympathy for you and your family.

My personal advice is to not take her back. Fight the cases. She will have to prove all the charges that she has levelled against u and ur family. It will take time but it will be worth it. Send me ur number via PM. Will call you later and give you some tips.

Adv k . mahesh (advocate)     30 May 2013

after paying all the emi and your medical and sons fees the court will order maintenance 

and prevously she was working but right now she is not so if you show that now she is working court will consider and will not grant maintenance but if she is not working right now you have to pay maintenance 

BORN TO FIGHT (PROPERITOR)     30 May 2013

Dear Sir,

 

She has mentioned a company name XYZ in crpc 125 application and salary 60 k where i am not working. i am working some where else. but there is my salary .35 k. if i will hide my real employment and show to court that i am working some where else on lower salary, i am having proof of pf & esi deduction in my friend company mean to say that i am working in ABC on 35 k my wife dont know that she has mentioned XYZ on 60 k but now i want to show that i am working in RMP on 6 k now my question is as under:-

 

at any stage of proceeding if she will prove that i am actualy working in ABC at 35 k instead of RMP at 6K can i book in perjury?

she has writen her petition that i am working in XYZ @ 60 k but i am not i am working in ABC  @ 35 K,  can i book her in perjury?

 

Thanks

 

AT

BORN TO FIGHT (PROPERITOR)     30 May 2013

Dear Sir Thanks a lot for your reply and will act on suggestions. please advice my on my following query :-

 

She has mentioned a company name XYZ in crpc 125 application and salary 60 k where i am not working. i am working some where else. but there is my salary .35 k. if i will hide my real employment and show to court that i am working some where else on lower salary, i am having proof of pf & esi deduction in my friend company mean to say that i am working in ABC on 35 k my wife dont know that she has mentioned XYZ on 60 k but now i want to show that i am working in RMP on 6 k now my question is as under:-

 

at any stage of proceeding if she will prove that i am actualy working in ABC at 35 k instead of RMP at 6K can i book in perjury?

she has writen her petition that i am working in XYZ @ 60 k but i am not i am working in ABC  @ 35 K,  can i book her in perjury?

 

Thanks

 

AT

BORN TO FIGHT (PROPERITOR)     31 May 2013

how to reduce may salary? will court consider following thing in my salary reduction,

Provident fund

LIC Payment

Child education fees

Loan EMI (Personal Loan)

Go & fro conveyance for office

Medical expenses

Mediclaim

Income Tax Payment

Vehicle loan instalment

Please advice any thing else i can do for my salary reduction?

 

Thanks

AT

BORN TO FIGHT (PROPERITOR)     31 May 2013

Dear Experts,

Please advice on my above query.

 

Thanks

AT

BORN TO FIGHT (PROPERITOR)     03 June 2013

I came to know that my wife is working in a private school. i know the name and address of the school. now what should i do to prove in court that she is working. what proof required for the same. what should i do if school refuse to give any detail.

 

Thanks

AT

stanley (Freedom)     03 June 2013

Originally posted by : BORN TO FIGHT




She has mentioned a company name XYZ in crpc 125 application and salary 60 k where i am not working. i am working some where else. but there is my salary .35 k. if i will hide my real employment and show to court that i am working some where else on lower salary, i am having proof of pf & esi deduction in my friend company mean to say that i am working in ABC on 35 k my wife dont know that she has mentioned XYZ on 60 k but now i want to show that i am working in RMP on 6 k now my question is as under:-

 Interim maintanence is based on the current salry you are working for and not on the past salary you worked for :-) 

at any stage of proceeding if she will prove that i am actualy working in ABC at 35 k instead of RMP at 6K can i book in perjury?

upto the judge he can fine you if you sumbit false details and get caught during cross examination and award a higher maintanence amount 

she has writen her petition that i am working in XYZ @ 60 k but i am not i am working in ABC  @ 35 K,  can i book her in perjury?

No 
 

Thanks

 

AT

BORN TO FIGHT (PROPERITOR)     03 June 2013

she is working in a school, i know the name and detail of the school. what proof i have to collect as evidence to prove in court that she is working.

 

if i will prove in court that she is working can court dismiss her intrim maintanance application.

if i will prove her working detail can i avoide maintanance?

please revert

 

Thanks

AT

Anis (Asst. Manager - Sales)     03 June 2013

Check with your lawyer if he can file an application in court under Sec.91 of Cr.P.C and mention the name of the school and address and request the court to summon the representative of the school alongwith the relevant documents. 


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