Hell Fighter (Member) 01 June 2014

Query regarding interim maintenance

Brothers,

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.

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11 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 01 June 2014

Perjury: - Perjury is a very important tool to fight against 498A, 125CrPC and DV. It can be file at any stage at the proceeding of 498A, 125 CrPC and DV as a counter case in the same courts where the 498A, 125CrPC and DV is going on respectively. It should file U/S 340 CrPC read with 195 CrPC. Sometimes, a few corrupted judges do not wish to take this case or wish to delay or wish to take latter. If anyone face this problem then show the following citation to that judge.

BOMBAY HIGH COURT

CRIMINAL APPLICATION No.1115/07.

(Para 7 & 8)

If that judge still does not wish to take it or try to mislead you then please take the certified copy of all orders, FIR, Charge sheet, etc and file Criminal Writ under Article 227 of Indian Constitution, 483 CrPC, 482 CrPC, 341 CrPC(Appeal on Perjury) and Indian Evidence Act 1872 to CRIMINAL APPELLATE JURISDICTION of the High Court with the said citation.

Another good citation of Perjury is: - CRA No. 197 SB of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Please take reference from my post for details from the links bellow: -

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U4rXrnbYVdg

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 02 June 2014

It is a perfect case of perjury, which you must file, maybe she would come around and settle the case,

Regards,

Shonee Kapoor

www.shoneekapoor.com

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If you don't fight for what you want, don't cry for what you LOST.

Adv k . mahesh (advocate) 02 June 2014

hiding the facts and gaining out of it is very common site in such cases and as explained this come under perjury and at any stage you can file if you have the evidences to prove your statement

T. Kalaiselvan, Advocate (Advocate) 02 June 2014

You have strong evidences in your possession which will be sufficient enough to repudiate her claim for maintenance and also a fitting evidence for perjury case too for suppressing the fact material to her claim in the said cases. I think she has been thoroughly misguided by the people around her or may be she thinks herself to be too intelligent that she will escape the clutches of law by giving false information to the court and draw the sympathy of the court for considering her claim. You can strongly object and refuse to pay her the maintenance amount on her interim maintenance application as well as the main petition claiming maintenance by giving the details her previous employment and her educational qualification particulars, the evidence in your possession can be marked through her itself while she is being cross examined or during the deposition of your side evidence. Give instruction to your advocate properly.

Sidharth (Officer) 02 June 2014

Dear Hell Fighter and Mr Kalaiselvan Sir,

I have faced the similar situation, Wife is staying away for no good reason and filed Sec 125 CrPC along with interim. My wife was previously working and also has Degrees of B.Com. MBA and B.Ed. and also pursuing PhD for last two years ( and intentionally not completing it). Inspite of me giving evidence of all these along with 14 citations of HC and SC for NO Maintenance to Educated and Previously Working Wife, The judge still ordered interim maintenance in her favour based on only two clauses of Sec 125, That I am capable of earning and that She can not be expected to leave her studies of PhD and start working ( So while I work my A** off being in military, and pay Her interim maintenance, She peacefully gathers a Doctorate degree.. i.e. In terms of Courts A wife who claims to have no food, clothes or medicines inspite of such degrees, Should be allowed to pursue studies and not use her degrees to earn a honourable livelihood). So In my experience, Be prepared for an order of Interim Maintenance against you. :(

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 03 June 2014

Sad, but this happens, because all cases are unique and judges have lot of discretion.

Regards,

Shonee Kapoor

www.shoneekapoor.co

Facebook: www.facebook.com/shoneekapoor

twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

Hell Fighter (Member) 11 June 2014

@Sidarth, The difference between yours and mine case is that my wife's Phd is completed long time back. Not only that, I'm myself pursuing part time MBA course for which I've taken a loan. So as per your case, I can't be expected to work, study, pay loans and EMIs and pay to a wife who is highly educated.

Anyways, you still have the option of filing an appeal in high court as suggested by Mr Bani. If i have to guess, your wife's PhD would have started before she left you. So you couldn't argue that she took up PhD just to take maintenance from you - else its a pretty solid argument that a highly educated wife who is claiming that on one side she doesn't have any source of her income and she is an abla nari, virtually living a life of destitute is pursuing PhD after she went into such a stage. Am I right?