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Sidharth (Officer)     03 June 2014

Wife asking for affidavit by me in her sec 125 petition

 

Respected Members,

I am a member of the defence and my wife has been staying away from me since past one and half years. She filed Sec 125 CrPc against me without any evidence to which I gave a detailed reply along with counter evidence. One of her major allegation was that my salary is Rs 92,000 so she should get Rs 50,000 as both maintenance and interim maintenance. Based on my breakdown of my income and expanses in my interim reply, The judge accepted that I have a take home salary of Rs 45,000 ( actually it is Rs 25,000, He did not consider the house loan repayment by me for a flat on my mother's name) out of which Rs 10,000 was counted towards my parents ( I am only Son and I had submitted evidence of my Father being retired and having pension of Rs 1400). And then from remaining 35,000 ( As per His understanding, Actual remaining 15,000) He Ordered Rs 10,000 as Interim Maintenance. I am paying this money with help from my father.

Now Since my wife's money hunger was not satisfied with Rs 10,000, and they way case was going, She was either going to get ZERO or at most Rs 10,000 in Final Orders. So She finally put another application, This time stating that my salary is 92,000, My Father's salary is Rs 50,000 and my income from Flat Rent is Rs 25,000, Thus Total 1,67,000 :O and has requested the judge to direct me to submit an affidavit if I am denying this income.

Now comes the catchy part. I honestly have Take home of Rs 25,000 for which I can give Affidavit. However My Father after retirement has joined a private company and has salary of Rs 15,000 and There is a rental Income of Rs 8,000 from the Flat which is in my mother's name. Though I do not have a shared household with my parents as per definition of HUF ( Because of me staying and having seperate house at place of posting) and Even If I give affidavit of this Rs 15,000 for Father and Rs 8,000 for Mother, This will not be considered for Her Maintenance.

BUT THE REASON WHY I CAN NOT GIVE AFFIDAVIT OF MY FATHER'S AND MOTHER'S INCOME IS THAT IN DEFENCE RECORDS I HAD SHOWN THEM MY DEPENDENT ( AFTER FATHER LEFT JOB AND THAT TIME THERE WAS NO FLAT ON MOTHER'S NAME AND THEIR INCOME WAS RS 1400, THE REQUIREMENT OF DEPENDENT PARENTS IN DEFENCE BEING THEIR INCOME< 3,500 P.M.). I HAVE SHOWN THEM MY DEPENDENTS BECAUSE THEY ARE BOTH SUFFERING FROM MULTIPLE DISEASES LIKE DIABETIES, HEART, BP, CATRACTAND INCURR HUGE MEDICAL BILL IF NOT GET FREE TREATMENT AS DEPENDENTS. MY WIFE KNOWS THIS AND THIS IS EXACTLY WHY SHE IS ASKING FOR AN AFFIDAVIT.

IF I GIVE AFFIDAVIT STATING THEY HAVE NO INCOME, SHE MIGHT FILE PERJURY AGAINST ME, AND IF I DO GIVE AFFIDAVIT OF THEIR INCOME (EVEN THAT OF RS 15,000 AND RS 8,000), SHE WOULD DEFINITELY SUBMIT IT IN MY UNIT WHICH WILL RESULT IN DISCIPLINARY ACTION/COURT MARTIAL AGAINST ME.

 

PLEASE ADVICE ME THAT CAN I GIVE A PARTIAL AFFIDAVIT STATING THE FACTS ABOUT MY INCOME, FATHER HAVING BEEN RETIRED IN 2008 AND HOUSE BEING ON MY MOTHERS NAME BUT THEN STATE THAT I DO NOT KNOW OF ANY INCOME OF MY FATHER AND MOTHER AS ON DATE. ALTERNATELY CAN I REFUSE TO SUBMIT ANY AFFIDAVIT AND LET THE CASE GO EX-PARTEE RELYING ON EVIDENCE ALREADY SUBMITTED BY ME AND LACK OF ANY EVIDENCE BY MY WIFE...?? HOW ADVERSELY IS THIS KIND OF AFFIDAVIT GOING TO AFFECT MY CASE????



 7 Replies

CKumar (None)     04 June 2014

Do you honestly have a lawyer working on your case!? ... the reason I ask this is because I don't think you do otherwise you wouldn't be asking such a question because a lawyer should know the way to come out of this situation. Also your questions lead me to believe that either your lawyer has not adequately represented you or there is something fishy in your case otherwise how can home loan EMI be overlooked in your case.


My word of advise:

1. Use the below judgement along with a written argument in court stating that the hon. judge had already considered all the valid points for deciding the quantum of maintenance and income of parents cannot be a consideration in this case and hence her plea be rejected. Do state that you are not aware of any income earned by your parents.

https://menrightsindia.net/2010/07/income-of-parents-not-allowed-to.html

2. If the judge insists that parents need to disclose their income then inform him that you've been living separately from your parents and they should be issued court summons to file the affidavit of their incomes separately as you are not aware of the same.

3. If situation 2 occurs - Check within your department to confirm if your understanding of dependents is correct or not because I suspect that any rules should cover ailing parents with diseases as severe as mentioned by you. If your criteria is indeed true then initiate the process to have them removed from records as your dependents based on the affidavit by your parents as soon as you have the affidavits ready.

 

This should help you since your parents meagre income wouldn't count for any increase in maintenance and conversely you could argue that if parents income is being considered then the EMI paid on behalf of parents should also be considered. You won't have to worry about departmental action since you could have only known about your parents income once they filed the affidavit in court and as soon as you learnt that, you took the proper action.

ANAMIKA VICHARE (LAWYER)     04 June 2014

Why did not you produce yr salary slip...if you hv gone thru my earlier replies..it wd hv been better

Gautam Kapoor (IT professional Studying Law)     05 June 2014

being from defence he rightfully produced his pay details 

ktkaran (maanger)     05 June 2014

Best is give your salary slip.What your father and mother earns she has no right on it and neither you have right untill they are willing to do so.

Just given an affidavit again to Judge claiming that your net take home salery is 25,000.

You need not reply to every tom d**k and harry in your affidavit that your wife demands.

Simply write you are giving affidavit of your earnings and that you have no rental income ,be short and crisp no need to to write lengthy things .

Just file no harm and she will get nothing infact ask judge to reduce her maintenance from 10,000 to 5,000

Sidharth (Officer)     05 June 2014

Mr CKumar Sir, I know this is hard to believe, but there is nothing fishy in my case or my intentions. Yes I do have a lawyer, and without disrespecting anyone, I have felt tht he and all other lawyers in Family Courts have very basic knowledge of the larger picture, especially in a case like mine ( Defence Personnel). Most of them either advice to put false cases of theft/ rxtra marital against wives or work as middleman for mutual divorce. They do not understand the intricacies involved with a Govt/ Defence employee. Also, For my lawyer/judge it's one of 100 cases and a win or loss does not matter much. But for me it's a matter of my values and life.

As far as salary slip is concerned, I have submitted it already ( even before my wife submitted my salary from a RTI), Which clearly shows my Net salary as 67,000 an then given Bank statements of my loan installments of Rs 42,000. The judge did consider EMI of 20,000 for house loan for house on my name, but second EMI of 22,000 house loan on my mother's name was not considered.

Mr Ckumar and Ktkaran, your advices are good. I shall work upon them, But as I said, I have less issues in giving a reply, It's the time taken and money spent to make replies to such baseless applications which irritates me.

Shekhar (Proprietor)     06 June 2014

Mr. Siddarth,

Follow What Mr.C Kumar Has Told. It Is The Perfect Advice.

Regards

Shekhar

Bangalore

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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