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Pawan   07 July 2017

Need assistance on false allegations made in cr.p.c. 125

The below are my wife's allegations.

1. She was not provided food, clothing and shelter when she stayed with me. (Most common point in all maintenance cases).

Merits -

I have house rent agreement and gas connection bills.

2. I have 4 acres of land which worth Rs 1,00,000,00.

Merits -

I don't have. I am not sure, why she included this point.

3. I am earning 1,00,000/month.

Merits -

I am earning around 45k/month. However 5K will come in the form of shift allowance. If I move to some other project, i won't get shift allowance. If so, i will get 40k/month.

Q) Can I request court to exclude 5k from my monthly salary, since it's not perminant. (If I choose work from home option, company won't provide shift allowance. Will get my actual salary alone 40k/month)?

4. She has no movable or immovable properties.

Merits

- Her father registered 1 acre of land to her name. Also they gifted her 80 grams of gold at the time of marriage. (She mentioned these 2 things in her 498A & DVC cases).

- Also I have one Fixed Deposit form which is deposited under her account which worth 1,00,000. - We too gifted around 64 grams of gold, we have bills for the same. (Not sure whether we can include this point in our merits list or not.)

- She is a post graduate and has previous working experience. (We have no proofs except her resume).

Q) Do the court consider the above merits, while deciding maintenace. Also how can we prove that she had working experience. She got placement in campus interviews. Any information act to get the information from the college, which she had completed her PG.

5. She depends on her parents for everything, even they are also unable to meet their daily needs.

Merits

- Her father is a Business Man. They have their own Grocery shop and around 12 acres of land. Also we came to knew that her father purchased around 3 acres of land with spot cash payment recently, which means definintely he would have been withdrawn large amount from the bank.

- Her brother also a software engineer with a salary of around 60k/month (as of now, we don't have any proofs).

- Apart from the above things, we don't have children, we stayed together around 7 months only and she only left matrimonial home and alleged that we deserted her for the purpose of 2nd marriage. Also it costs me around 15K to attend courts on each hearing for 3 different cases (498A, DVC and Cr.P.C. 125).

Q1)Let me know is there any section to get the survey numbers of their lands from them or RTI dept. Also can we ask her father and brother to submit their IT returns?

Q2) Will court consider my travel expenses as well, while awarding maintenace.

Kindly answer the above questions and based on the above merits and de-merits, could you please let me know the chances for me to win the case/decrease maintenance?

 

Thanks for your assistance in advance.

 

With Regards,

Pawan



Learning

 3 Replies

Siddharth Srivastava (Advocate)     08 July 2017

You have the right to refute the claim made by your wife. You can collect the information from registarr office in order to ascertain the transfer of land in your name. Court while awarding maintenance consider all facts like incomew of parties, financial condition etc. so put all facts and proves before court. Consult your lawyer and go with the advise.

1 Like

Pawan   09 July 2017

Thank a lot sir.

In order to collect the proofs, can I request the court to demand my wife and in-laws for submitting their Form 16 and Aadhar Numbers through RTI act?

Also my wife is a Post Graduate. But she will not accept this truth in the court. I know the college name where she has completed her PG. Can I request the college to give the details of her qualification through RTI act?

Siddharth Srivastava (Advocate)     10 July 2017

Yes. 


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