Dipesh Agarwal 28 May 2018

Maintenance u/s 125 and wrong income declaration

hello,
I file a divorce petition in feb 2015 under sec 13 hma and in return after 2 months wife filed a maintenance case under sec 125.

Wife claimed monthly compensation of 1.25L out of falsely declared salary 2.25L for me. In reply my lawyer suggested me to declare a wrong salary of 36K instead of 90K under Oath in reply to the 125 case. When I argued with my lawyer, she mentioned that Onus of proving 36K wrong lies on wife's lawyer and nothing to worry on wrong declaration in court.

Based on this all replies and failed attempt of patching at Lok Adalat Counseling sessions, Judge at last announced a monthly maintenance of 30K on my wish, in contrast to 36K declaration. Its clearly documented in Order that no income evidences were reviewed and Order is purely based on declarations.

I was okay till this point as everything was going positive on my side.

What I noticed later was my lawyer was colluding with wife's lawyer as my lawyer was not trying at all to move motion to argument stage and just taking dates. Wrong income declaration was part of it. Hence I officially removed her through an application to Judge but yes, colluding as reason for removal was not mentioned on application.

Now wife has applied for discovery of income documents for last 5 yrs under Oder 11 CPC 12,14. So far court has not passed any Order for it but I need to reply and I don't have any objects in submitting documents. In parallel, wife has come down to MCD proposal on 50L and I am not agreeing to it. MCD wish from her end is documented in court file.

Questions are -
1) Can submission of document be done to Judge only and no copy to Wife, as documents are confidential?
2) As the income declaration on Oath is lower than actual, will this be treated as an offense and what is the sentence? How it can a case be initiated and by whom?
3) With respect to Question 2, can't Lawyer removal application be treated as a defensive document in my favor?
4) What if I take back my divorce petition in this case, will sec 125 claim for maintenance not applicable anymore?
5) Wife had income sources in past and owned numerous properties. Will evidences in support of this help me to counter wrong salary declaration and high MCD amount demand?
6) What if I resign from my job as last option as I can't let myself drain like this?

Please suggest!

Reply Follow

1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 28 May 2018

Dear Querist

My opinion on your queries are as under:-

1) Can submission of document be done to Judge only and no copy to Wife, as documents are confidential?

Opinion:- Each and every document filed by a party should be supplied to the opposite party as per Law, in case suppose, you do not supply the copy of the same then she may file an application for certified copy of the same before the Court and the court is bound to provide the same to the opposite party. hence there is no use of this

2) As the income declaration on Oath is lower than actual, will this be treated as an offense and what is the sentence? How it can a case be initiated and by whom?

Opinion:- if any party conceal the real and true facts from the court and filed an affidavit with wrong and false facts then a complaint Under section 340/195 of Cr.P.C. can be filed against the party who filed the wrong affidavit and conceal the material facts, the court may initiate the preliminary inquiry and if found, transfer the complaint before the concerned magistrate and prosecuted the party as per law. the sentence can be 7 years as per section 193, 199 & 209 of IPC.

3) With respect to Question 2, can't Lawyer removal application be treated as a defensive document in my favor?

Opinion:- file an application that your lawyer mentioned the wrong figure regarding your income, which can be considered by the Judge and you may be safe.

4) What if I take back my divorce petition in this case, will sec 125 claim for maintenance not applicable anymore?

Opinion:- withdrawal of the case is no effect on the maintenance case filed u/s 125 of Cr.P.C.

5) Wife had income sources in past and owned numerous properties. Will evidences in support of this help me to counter wrong salary declaration and high MCD amount demand?

Opinion:- if the wife has sufficient income to maintain herself then her maintenance petition can be dismissed as per section 125 of Cr.P.C. because section 125 of Cr.P.C. is only for those who have no sufficient income.

6) What if I resign from my job as last option as I can't let myself drain like this?

Opinion:- if you left your job then you have to pay the amount of maintenance as per minimum Wages act of the state, but if your wife is working and earning then her maintenance petition will be dismissed.

Feel Free to Call