Hi Friends,
Please do bear with the extremely long post....
My estranged wife had filed sec 125 in October 2011. Due to my limited legal knowledge then and pressure from the Hon'ble Judge and counselor of the Family Court (that If I am unable to produce evidence where my wife is working then I would need to pay maintenance to her) I agreed to a settlement reached through Lok Adalat to give 4200/- p.m. to my estranged wife. This was my biggest mistake and blunder which I am repenting till date. I didn't give any reply to her sec 125 petition and again I didn't appeal against the order either since I already had agreed to a settlement reached through Lok Adalat - another big blunder. The important point to note here is that she had written in her sec 125 petition that "the petitioner has no means to support herself". She is highly qualified and has done her bachelor's, masters and pursuing her Ph.D in which her Viva alone is pending.
Later on somehow through RTI I found out her PF number. The EPFO department only gave me the PF number they didn't gave me her PF details. They rejected my First appeal u/s 8(1)(j) as my estranged wife had objected to giving her PF information. I have made second appeal to CIC. Through her PF number I found out from the EPFO website the school in which she was working. I found that she was working in a private school in her hometown since many years. We made our own enquiries through our contacts and relatives living in her hometown and they confirmed that she is the one who is working in the school. Later on we searched the school website and her name appeared in the school websites faculties list as well. I then filed RTI's to CBSE and District Education Officer (DEO) as well asking for the details of the faculties working in the school in the specified duration. The CBSE gave information of the different duration and when I made first appeal then they rejected my first appeal. The DEO send my RTI to the School and the School rejected my RTI under various sections of the RTI act.
In the meanwhile after confirming that she is working in the private school I filed sec 127(1) application together with crpc 91 in the Hon'ble Family Court to summon the records from the school principal and P.F. commissioner. This was way back in August 2012. The copy of my application was given to the opposite party for the reply. Now Since August 2012 till end January 2013 nothing happened only thing is that she had submitted her reply to my petition and the Family Court was very gracious to give long dates. In Feb 2013 as per the procedure I gave my statement on oath and my estranged wife crossed me. The Hon'ble Family Court judge asked me to give an application to summon whomsoever I want to after my cross is over. So after my cross I gave an application to Family Court Judge to summon the School Principal and P.F. Commissioner with the records of my estranged wife. The Hon'ble Judge gave the copy of the application to the opposite party for reply. Now 3 dates has gone by - on the first date she had asked for some time to file for reply as she was not feeling well and on the other 2 dates her father presented her exemption application. This way my lovely wife is deliberately delaying the case and seeking adjournments.
During all this while I kept on paying her maintenance u/s 125 till October 2012. In the counseling session which was held in October 2012 I had requested the Hon'ble Family Court Judge to give me some relief as my sec 127(1) application is still pending so the Hon'ble Family Court Judge said that till the proceedings of my sec 127(1) are not complete my estranged wife would not claim maintenance u/s 125 to which my estranged wife also readily agreed. Unfortunately this was not noted down in the order sheet and was all verbal. So I stopped paying maintenance to my wife since November 2012. Recently enough in my last date in March 2013 I have also submitted a stay application in sec 125 case but the Hon'ble Judge didn't listen to it and was gracious enough to grant a 2 month date.
My lovely wife is so cunning that she has now filed an execution application u/s 125(3) for payment of arrears of maintenance since November 2012 - till date. She is also deliberately trying to delay my 127(1) case by taking adjournments as her sec 125 arrears would keep piling up.
My Queries:
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1) Under the present facts and circumstance of the case can I get my 127(1) expedited ? Do I need to file a Writ Petition in High Court for that? Do I need to take recourse under Article 21 of Constitution of India.
2) My wife has initiated recovery proceedings u/s 125(3) in the Family Court. What can be done in the present
circumstance? Would I need to keep paying maintenance till my sec 127(1) case would be decided ? Can't HC grant me some relief. Can't I let the HC know that my wife had come to the court with unclean hands to claim maintenance and in fact she had committed perjury. Why do I give maintenance to her as she is and was working and is able to maintain herself. She is receiving maintenance illegally. Although the Family Court Judge had stated verbally that she won't claim still the girl is very cunning and she is now claiming her sec 125 maintenance. I understand that even verbal statement of the Hon'ble Judge has no relevance until it was noted down. But still can't I let the Judge know that it was agreed upon though verbally that she won't claim till my sec 127(1) petition is decided. Can't I get a stay on sec 125 order from Family Court Or do I need to approach HC for that ?
3) What if in the unlikely scenario the Judges refused to summon the School principal and P.F. Commissioner?
Please do let me know a way out.
Thanks and Regards,
Sid
