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Rahul (Engineer)     13 December 2012

Maintenance 125(3) executions, 127 & perjury

Dear Experts,

498a, 125 Victim needs your immediate help.

Please find the details below & share your Expertise for a possible help.

1. Marriage Lasted for 3 Months Only. Husband Filed RCR & wife came back. But again after delivering child she left matrimonial home with conspiracy.

2. Wife Filed 125 & 498a in year 2008. in 125 wife stated herself as a Household Lady.

3. Husband got anticipatory Bail in year 2009 from Delhi High Court with a wordings "Reconcilations Failed     because of Wife where she demanded a seperate house , Husband accepted but again wife denied to go. Also persual to FIR indicates No Cruelity done by Husband or In-Laws on Wife. Bail Granted"

4.Wife succedded in 125 Interim Maintenance case by Showing Husband Appointment Letter & Bank Statements attained with wrong practices and got Interim Maintenance of Rs. 25000 Per Month from the application Date.

5. Husband Filed Revision but Rejected in Sessions.

6. Husband Lost the Job due Depression & False Litigations.

7. Wife Filed Executions u/s 125(3) for 43 months @ of 25K per month. And Husband Filed Divorce on                   Desertion Ground.

8. Husband stated that that no job then Trial First did W/A in which nothing found. Then W/A where husband was arrested & by paying 25K for the default of 1 month maintenence released from the Jail.

9. Wife filed executions late by 15 days without any condonation. Husband fought for same under Limitation Act from Trial till High Court but all excercise went in vain, as All forums said that 6 months time was given to Husband to clear the arrears, Hence 125(3) was well in Limitations.

10.  Husband filed application u/s 127 in  Oct,2010. But Trial simply ignored that & denied that husband earning 5000 only & issued NBW again. Husband Lost  job once again due to Court Litigations & Depression.

11. Husband with no other option left surrendered in court where Trial court forced 50% payment & given orders to pay the monthly maintenace & clear the rest of arrears in 6 months. Note Husband is job less & got help from the Family & friends. Husband Accepted & NBW cancelled.

12. Husband again with hardship found a medioker Job of around 20K per month. & Filed same as additional  documents in 127  application along with 340 Application  as husband got the record of Wife's Ex Employers & Bank Salary Satatements in which her salary for about an year was coming before marriage of about 18K per month.

13. Wife filed non speaking reply in her 127. 

14. 6 months have been passed. Husband obeyed the monthly payments. But Wife lawyer raised an issue to clear rest of the arrears for about about 28 Months u/s 125(3).

15. Husband is not in a condition to pay arrears & filed Stay Application on 125(3) & Early disposal of 127 Application in Trial Court on the below Basis:-

   A) Wife has got the interim Maintenance Orders by Concealing the Matter about her Capibility in her petition          & in Affivadavit Evidence by stating herself as a HouseHold Lady. Also refered the 340 Application                        annexed along with wife's Boi Data & previous Bank Salary Statements (till the month of Marriage).

   B) Also mentioned about                                                                                           where Trial court must consider the 127 as a defense for husband in 125(3) executions & run both                     125(3) & 127 hand in hand.

   C)  Also Mentioned about  section24 Neeraj Agarwal vs Veeka Aggarwal case.                                                      

   D) Also mentioned about  Delhi High Court Sanjay Bhardwaj Matter.                                                                        

   E)  Gurubinder vs Manjit case in Delhi High Court                                                                                                          


Now what are the chances of Relief for a Husband ?

And what should be the next course of Action for the Husband as already husband had lost the reputed Job, seen Jail , Fighting with Depression to get the the relief    in this matter.


Kindly Share the Relevant Judgements for Staying / Stopping or slowing down the 125(3) as per Husband Capicity to avoid the Husband Arrest.


Early Disposal of 340 as wife in this case is not filing reply.


 26 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 December 2012

You have a fittest case in hand. One cannot be allowed to obtain major relief by making fraud with the court. Court is bound to first drcide the aspect of fraud with the court under section 195 IPC and only thereafter its fresh order is required to be pronounced under section 125(3) Criminal Procedure code. 


I think, your should persue the matter of her previous service and depsite of that obtaining relieif of interim maintenance by keeping the court in darkness. You should insist the court to obtain an affidavit from your wife to the effect whether she was in job at the time of moving her application for maintenance or not.

You have already obtained relevant judgments.

Goutam Prasad (Advocate)     13 December 2012

In this case court will decide first your application under section 340 first. But, I will not try to assess and suggest you regarding possible out come of 340 because it all depends on the language of the affidavit. It seems from your discripttion that she was on the job and earning handsome amount before marriage. If on the date of filing application under section 125, she was job less, she could have told her to to be house wife as per law.

In deciding maintenance application under section 125, wife's prior experience and ability to earn does not have much bearing except to the extent that it reduces the quantum of maintenance. 

Further, the order of maintainance is made on the facts and evidence available on record and there is provision for alteration with change of circumsatances.

As and when you lost your job, you could have moved application for altering the quantum as you have lost your job. But, from your facts it seems the same was never done from your end and informed the court only while execution proceedings.

All this makes your matter much complicated and needs further study of complete file for giving you appropriate advice

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 December 2012

I still stick to my stand as expressed above.

Rahul (Engineer)     14 December 2012

Dear  Raj Kumar & Gautam Sir,

First of All thanks a lot for your replies. 

Few Highlights:- 

Husband Lost his First job in 2010 & Informed the Hon'ble court in 1 of the Appication for Non Appearance exemption Application. Same application is also there in court Records as well. This information has been given in court by Husband in Year 2010 where as Executions were filed in 2011. Also the 127 Application was filed by Husband in October,2011  i.e.  after the Wife's Executions Filing. 

Also at the time of Filing 125 Petition i.e. 2008 & Filing Evidence Affidavit in year 2011 , Wife has mentioned that She is a household Lady whereas Wife had worked From year 2003 till April 2007. But no where she stated about her Qualifications & Work Experience & concelaed her Capibility in order to cause undue harrasment to Husband.

I hope i had made the things more clear, so that you experts can plish the next steps for the Husband to get saved from unjustice.

Please share your thuoghts...



Rahul (Engineer)     14 December 2012


Also my another Query is :-

On Last Date of Hearing Trial Judge Said as per Supreme Court Ruling one must Clear the exiting arrears to go further.

And Trial Judge deliberately given the NDOH in March 2013 where as given the 125(3) execution payment Dates with in few days only in order to force me to make more payments.. Then we filed Early Hearing Application to dispose the 127 application as pleadings are already complete. But the Trial Judge rejected that plea.

Now How Husband will get saved especially in a scene as mentioned above?

Please share your thoughts...

Munirathnam (Scientist)     14 December 2012

Is it true that unless otherwise arrears are cleared the case can not progress?  Is there any citation (Supreme Court judgment) in this regard....? Please help me with that judgement referene?


Even if arrears are pending the court must hear the crime/cheating done by the person approched the court .... otherwise a person not able to pay money has to spend time in jail for ever just beciase wife cheated the court nad court never gives oppertunity to husband to bring fact to the court notice....

Rahul (Engineer)     14 December 2012

I am looking for same sort of Judgement/Citation where the Previous given order must be amended with the Facts produced by accused where wife cheated to show her as Housewife.

rahul (director)     14 December 2012

orders are always amended if you put forth new facts before court,

Rahul (Engineer)     14 December 2012

Dear Rahul

Very true stuff you quoted but how to get this done from Trial Court to consider before going forward in 125(3) executions. As Trial court is more inclined towards 125(3) as on today.

If you can share any template of Application or Citations to achieve same then it will be greatful.


Rahul (Engineer)     14 December 2012

Dear Experts,

Can Husband put an application of ResJudicata in 125(3) of 1973 CRPC executions to amend the existing Interim Maintenance Order u/s 125(1) passed 2 years back , based on new Facts husband has got which wife has concealed like her Ex-Employments & Bank Salary statements. to Achieve the immediate relief by this or in 127 application.

rahul (director)     14 December 2012

I dont know why your advocate do not move an mofification application with new facts and probebly reversal of order on groud that she conceal facts from court and she is subject to 340, this is complete mis carraige of justice.

 Rahul, what you feel after reading consumer forum order?

Munirathnam (Scientist)     18 December 2012

file petition to recover the maintenance from her either through civil suit or other.

Rahul (Engineer)     18 December 2012

On what basis (sections/Grounds) i can file the Recovery Proceedings ?

Also do you have any case reference for same ?

rahul (director)     18 December 2012

@munirathnam is frustrated , that why he is saying baseless posting,,

untill trial court dismissed her maintenace application at final disposal. how can u ask ur money back, which u paid as "interim"

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