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SidChiBharg (Software)     11 November 2012

Suggestions/judgements required for crpc 125

Hi Friends,

My wife had filed sec 125 more than an year back in August 2011. We then had the first date of sec 125 in October 2011. That day we had counseling in Family Court and as per the settlement reached in Lok Adalat I was told to pay her 4200/- p.m. as maintenance to my estranged wife as I was not able to prove that she is presently working somewhere and thus not able to earn her livelihood, though she is very well educated (B.A., M.A., Ph.D almost completed - viva pending, Diploma in Interior designing, pursuing L.L.B, etc.) and had worked in the past. I have been paying maintenance u/s 125 to my estranged wife @4200/- p.m. since October 2011 - till date.

Now, since April 2012 I came to know that she is working in a private school in her hometown. I then doubly crosschecked and corroborated with my relatives who live in her hometown and they also confirmed that she is working in particular private school. Since the school is private I haven't been able to procure documentary evidence of her employment though I know her school name. I have also not been able to find out since how many months or even years she is working in the particular school. I also visited the school website and was able to see her name in the school's Faculty list. I tried filing RTI's to CBSE (since the schools is affiliated to CBSE), District Education Office (DEO), Director Secondary Education, etc. but I haven't been able to procure the information.

Finally, I have filed sec 127 (change in circumstances) together with crpc 91 to summon her employer i.e. headmistress of the private school with her details of employment and submitted in Family Court. I have also stated her PF number and summoned the PF Commissioner with her PF details. It now very well established that she had falsely averred in her sec 125 petition that "she has no source of earning her livelihood".

I am looking forward for sec 125 judgments which specifically states that:

(a) No maintenance u/s 125 crpc for working women.

(b) Maintenance of wife rejected as she was having income.

(c) section 125 does not deals with equating the income of the husband and wife where there is differential in income between husband and wife. 

I have the following judgments with me:

(1) Andhra High Court
    Andhra High Court
    G. Mariah vs G. Vijayalaksmi on 1 March, 1979
    Equivalent citations: 1979 CriLJ 1226
    Author: Muktadar
    Bench: Muktadar

(2) IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
    Criminal Revision No. 201 Of 2006
    Smt. Archana Gupta & Another .. Revisionists.
    Versus
    Sri Rajeev Gupta & Another .Respondents

(3) Uttaranchal High Court
    Vikas Jain vs Smt. Deepali @ Ayushi Jain on 25 October, 2010
    IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
    CRIMINAL REVISION No. 88 of 2002
    Vikas Jain ..... Revisionist
    Versus
    Smt. Deepali @ Ayushi Jain ......... Respondent
    October 25, 2010

I am also looking for a judgment which says that the purpose of crpc 125 is "not to equate the income of the spouses if there is a differential in income of the spouses". I am able to recollect this judgement name. Please do help me with more judgements (CRPC 125 ONLY) which would suit my situation.

I would present these judgements to the Family Court Judge and request him to nullify my maintenance in crpc 125 as the purpose of crpc 125 is to provide maintenance to wife "who is unable to maintain herself" and as it would be proved that my estranged wife is working (after summoning her employer and PF Commissioner) AND so "is able to maintain herself". Also she had falsely averred in her petition that "she has not means of earning her livelihood".

PLEASE DO HELP with any more ideas/thoughts/suggestions and JUDGEMENTS. 

PLEASE also do let me know as to whether I am on the right track.

Thanks and Regards,
Sid.



Learning

 7 Replies

Srinivas Jerripothula (Advocate)     12 November 2012

Hi Sid,

Whatever u have done is more than enough. No need for more suggestion or any caselaws related your particular case.

If all the facts are proven in the court.  Definatly, no need to pay any maintanenece to your wife.

All the best

 

Thanks,

J. Srinivas

Advocate

High Court of Andhra Pradesh 

Nandha (NIL)     12 November 2012

@sid - How did the maintenance of Rs.4200/- arrived at? how much was your salary when you submitted your payslip to the court?

STUDENT.... (.......)     12 November 2012

Sid,

 

Pls share the copies of judgement pls.... As one of my friend is also going through with almost the same kind of situation.

 

 

Regards,

 

Kunal

SidChiBharg (Software)     12 November 2012

Originally posted by : Nandha

@sid - How did the maintenance of Rs.4200/- arrived at? how much was your salary when you submitted your payslip to the court?

I did not submit my payslip to the court. I was earlier paying 3k per month as interim maintenance to her in DV case. So the counsellor asked me to raise the amount and so this amount 4200/- was arrived at.

sridher (system analyst)     14 November 2012

pls brother i am facing the same problem

pls send the judgement copies to my email slsridher388@gmail.com

pls pls pls

STUDENT.... (.......)     14 November 2012

PLS SEND THE COPIES OF JUDGEMENT TOO kunal_abc@yahoo.co.in as well....  As one of my friend is also going through with almost the same kind of situation.

Srinivas Jerripothula (Advocate)     15 November 2012

Hi All, 

The peoples who are asking for the judgment copies. Please do browsing in net with the citation. u can get the copies available in internet.  There are so many free browsing sites are available. U can get there with the citations.

 

Thanks,

J. Srinivas

 

 


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