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fifth element (Confidential)     11 December 2011

Need advise.

Dear Advisors,


Seek your help in my Sec. 125 case.


Brief story is : Got married in April 2007, living seperately since Sep. 2008, I approached women cell in Oct. 2009 (Got Women cell letter in my favour),

filed RCR got Expartee decree in Jan. 2010 in my favour, filed divorce after RCR decree and got sec. 13 decree in my favour in april 2010.

(Reason as wife and their family was not responding on notice and appearing in the court).


After this in Aug. 2011 they have filed Sec. 125 and Sec. 498, 323, 504, 506 from Allahabad.


Sec. 125:- I have produced her salary details which was around 45,000 Rs./month. She and her father given all false statements and also changed

 their statements many times. Judge also scolded them but just before the judgement they came with one mail mentioning that

last week she has left the job and now not working so 10,000 maintenance should be granted.

Judge has ordered the same and given judgement against me and approved 10,000 Rs. maintenance from July 2011 onwards.


After that I approached to High Court but they have just sent the letter to my in-laws asking for explanations of filing Sec. 125 when she was working?

I doubt anything is going to happen in my favour.  


I have not started paying money as no letter or update from them till now.

She is working for sure but don't know where? Also she must have convinced her employer to

hide her details and pay salary via cash not through bank. She is well qualified but in court said that she was earning but now not able to maintain.


Please suggest how to handle this?





 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 December 2011

You should wait for the order of High Court but a stay order against the execution of the judgment of lower court is mandatory for doing so.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 December 2011

Be patient and act as Ld. Mr. Makkad told.





Shonee Kapoor

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