Please help with some clarity on an issue. My wife filed false CrPC 125 and DV cases on myself and my family. Both the cases filed one after another and having bogus allegations. No proof provided in CrPC 125 or DV except for facts which establish that marriage between the Petitioner and Respondent had occured? No children born out of wedlock.
There are also several lies in both the applications for which I've some proofs. Biggest one being that she has told court that she is uneducated where she has Phd degree holder and could easily get any decent teaching job anywhere in a good school/college.
1 - I've learnt from my lawyer that interim maintenance is based on prima facie facts of the case where the MM/Judge just need to satisfy themselves that something wrong has occured and thus interim can also be passed based on just her affidavit and her verbal allegations without her providing any proof of any wrongdoing by us. Is this point true? I honestly do not believe this to be logical and very much confused.
2 - If judge is to pass interim maintenance based on prima facie case, when do they make the call? Immediately after us providing our written statement or would they allow for both the parties to be heard.
3 - I have evidences of my wife working before and after marriage on a teaching job. She also took tuitions in the locality for which she made out flyers printed with her details and number. I have proof of her education also with me in form of copy of her degree certificate. When is the best time to bring this to judge's attention and expose her lying nature - with WS OR after WS seperately provide all the proofs to the judge with written argument. Would it be late to reveal proof laeter since judge may pass an early Interim maintenance order? hence my confusion.
4 - Also she stated that she is currently not working. Does this mean that interim maintenance would be paid to her, even if she is Phd and I'm a graduate just because she choose to sit idle annd i work.