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????