gaurav singh (clerk) 10 November 2014

Need ur valuable suggestions

Respected Expert Sirs,

I am briefing my story

1. I got Ex Parte Divoroce Decree on 18/07/2011. It was not purely Ex Parte but she appeared my family court after receiving summons and took time to file reply of application bt she never appeared to the courft and i got decree on 18/07/2011

2. I got remarried on 17/07/2012 and registered in the govt office.

3. she filed application for Set Aside my order dated 18/07/2011 but Court Rejected her application with my sufficient evidence about her false statements and and habitual falsity of her life even before court also and the court accepted my evidences and rejected her application.

4. She filed application U/s 125 for maintenance at her family court and i received summons after my marriage I have filed reply to her application to her court in the said application.

5 Recently her family court passed order for INTERIM MAINTENANCE dated 29/05/2014 OF RS. 4000 PM . I M govt servant.

6. She is worikng bt i cant prove it.

now my query is

A. Can i approach to High Court against the Interim Maintenance Order with the plea that she left my house willing and my area family court issued Exparte divorce decree if favour of me on the basis of CRUELTY and i got remarried and having my kid and family.

B What specially facts might be mentioned here to get dismissal of her application u/s 125 and Interim maintenace order against to me.

C i hv proved her false attitude before court and court has admitted it in the order of set aside. can i help this facts to save me as she is habitual lier to state before court.

D How can i become free from this false case with any kind of solution.

plz suggest me

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2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 11 November 2014

Dear, If she is earning, then HC will set aside, and there are other ingredients u/s 125 wherein the maintenance cannot be granted. Adv kapil chandna, 9899011450

Samir N (General Queries) (Business) 12 November 2014

Interesting situation indeed.

Of course you can approach High Court. Some High Courts have held that a wife who has deserted her husband or when divorce decree is granted on the basis of cruelty by her, then she does not qualify for maintenance. However, you need to study the facts of each judgment to see if it is applicable to you.

B What specially facts might be mentioned here to get dismissal of her application u/s 125 and Interim maintenace order against to me. Unfortunately, section 125 Cr.P.C. is a wild beast. It has provisions that contradict maintenance sections under other Acts to the extent that it is much more favorable to the woman/ex-wife. The key issue under Section 125 Cr.P.C. that qualifies a woman for maintenance is that she is not able "to maintain herself." You need to emphasize this point more than anything else that she can maintain herself and that she is actually maintaining herself (if indeed she is employed and earning well).

C i hv proved her false attitude before court and court has admitted it in the order of set aside. can i help this facts to save me as she is habitual lier to state before court. There is no section under the law called "habitual liar" which can be used as a defense against her allegations or assertions. Therefore, a good lawyer will get such defenses, thrown out, as irrelevant. You will need to rebut them on the merit. That said, if she has repeated the allegations or factual assertions which were previously ruled in your favor, then the factual conclusions of the earlier trial court are now final and cannot be raised again by her. (There are legal theories like res judicata and estoppel which come into play at this point. ) In any event, you are right that you should raise the factual conclusion of the previous trial court that she is a woman who makes false allegations and that, therefore, her assertions should not be accepted on face value. This will lead to a fresh trial on new allegations, if any. However, her history of making falsified statements will work in your favor where the Judge has insufficient evidence from either side on any allegation.

D How can i become free from this false case with any kind of solution. After she files a sufficient number of false cases, and they are all ruled in your favor, you can approach the Advocate General of your state and file a petition seeking to restrain your wife from filing more cases. Most states have an Act enacted to prevent frivolous or vexatious litigation. I think that only the AG has the jurisdiction to initiate such litigation against your wife to restrain her from filing vexatious litigation. She will then need leave of court before any court can issue summons. Do some research on this subject and get details.