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VIKAS KAPOOR   25 May 2018

maintenance

my friend's wife filled DV, 498a, 125 case and getting 8000.00 interim maintenance since 2014. Now my friend came to know that she is having 15 Fds of rs 15 lacs and good bank balances. will this help in reducing maintenance. How can he prove FDs and balance in court?


 3 Replies

TGK REDDI   25 May 2018

The Court may relieve him of any maintenance whatever.

The Court will send for the records from the bank.

Aman chawla (DELHI HIGH COURT ADVOCATE)     25 May 2018

You can file application U/S 151 of CPC for placing a new record of income of your wife. You should mention the concealments which were made by your wife at the time of getting interim maintenance.

The judge will consider your application and ask the other party to give a reply, and I am sure your wife will not the deny the FD's in her reply. So in arguments, you can press that the interim order was taken by playing fraud on the court.

Regards,

Aman Chawla

 

Kumar Doab (FIN)     27 May 2018

The court has unparalleled powers and can summon record from Bank and decide the matter afresh..

If you wish you may pursue RTI route…

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