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Siv (engineer)     21 July 2015

Wife got order by supressing job...way to avoid maintenance

Hello All,

 

Wife got Interim Order by supressing her financial Status. Then she filed execution petition for earriers then court orderd husband to pay pending amount.... after this the husband got documents those show that wife was doing job and getting 5 times more money than the ordered amount by court ...

 

Husband submitted these docs in court then said that the wife got orders by fraud.... but court is asking me to pay maintenance to wife as per orders.... not considering the job of the wife ...

 

What to do ?

 



Learning

 13 Replies

Adv k . mahesh (advocate)     21 July 2015

file a appeal in the high court by showing all the documents for stay of the maintenance


(Guest)

Agreee with above expert.  Approach HC with original papers of proof of income.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     21 July 2015

If u have evidence that she suppressed facts n obtained order by fraud then make appeal if appeal period of 30 days is not elapsed. Order will be set aside or reversed

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     21 July 2015

If u have evidence that she suppressed facts n obtained order by fraud then make appeal if appeal period of 30 days is not elapsed. Order will be set aside or reversed

Siv (engineer)     21 July 2015

Dear All,

 

Maintenance order passed in June-2010. Execution petition field on August-2010. From 2010 to till date I was arguing that wife got orders by fraud and by supressing fatcs related to her job then court always gave adjournments till today.

 

Now new Judge has come then asking me to pay maintenance and not listening about the fraud/supreession of facts.

 

What to do ?

Born Fighter (xxx)     21 July 2015

some more details required ....like what proofs did you submit to court regarding wife income ?

2010 to 2015 adjournments ? unable to understand why

Siv (engineer)     21 July 2015

My proofs:

 

1. Wife Back Account statement.

2. Wife company offer letter.

3. Wife paid Income Tax.

4. LIC, ICIC, SBI and Sri Ram Chit money savings proofs on the name of the wife. 

5. Job Experience certificate of the wife prior to marriage, after to marriage and also while maintenance is going on also.

 

Alll above documents are certified and are on record at present. But Court is not hearing at all 

 

kapilshah   21 July 2015

Section 114, Order 47 CPC , can be filed , with the all those documents in the same court.

If you wish not to drag to high court.  Since the documents are not present at the time of judgement, this revision may get accepted.

Born Fighter (xxx)     21 July 2015

If thats true then it seems ridiculous....what is your lawyer saying and doing in all these 4 yrs ?

 

CoolingWood (engineer)     23 July 2015

Its not lawyer problem ... documents are obtained recently only .... Wife is so talented to hide these docs all these days 

legaljoe68 (member)     24 July 2015

similar case file application under section 482 of the crpc  take all proofs with you to high court. you may not get direct respite. file for cancellation of arrears order or warrant issued agaisnt u. get directions and the matter will be remaded back to family court. file section 127(2) change in circumstances if you are unemployed or lost your job , they will come for compromsie .

CoolingWood (engineer)     30 July 2015

Hi,

 

I have filed petition U/s 127 of CrPC seeking cancel/alter the Interin Order based on the JOB, and Savings made by the wife and based on the supression of facts..

 

I also prayed to consider that when wife is lying in court what is the point of hearing her.... is heard then it will be test for me whether I am doing investigation about her actions time to time ...

 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     30 July 2015

I think you should file petition before court stating original fact and Judicial Magistrate court wiil reject you petition by passing order acordingly you file criminal motion before district judge.


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