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Siv (engineer)     23 October 2012

Wife supressed the facts to interim maintenance in crpc-125

Dear All,

 

Wife supressed below facts to get Interim Maintenance Order:

 

1. Earlier working and earning experience.

2. Bank balances in which wife had Rs.6,00,000/- amount.

3. Current job and earnings.

4. Savings in policies and other saving scehemes.

5. Own property viz. house and agriculture lands etc.

 

Wife already got Interim Orders directing husband to pay Rs.5,000/- and husband went to High court for revision but dimissed. In high court husband could not submit any of the above points in revision case due to lack of information on wife details, now husband got the documents in support of the above wife particulars.

 

Waht is the remedy that husband has at this point of time......



 21 Replies

Arvind Singh Chauhan (advocate)     23 October 2012

Husband should not waste time and money in further revision. He must, let the case be decided in lower court and must submitt all these proof as evidence.

rahul (director)     23 October 2012

Again file revision petion in lower court only with change of circumstances .

also file Crpc 340 on  her lie on oath.

court will amend  Rs 5000/- to '0'

 

Praveen Kumar (Intern Lawyer)     23 October 2012

File a petition with supporting documents to reopen the case and on argument put your views and evidence and wait for new decision of court. Best of Luck Dost. May God bless you.

Siv (engineer)     25 October 2012

Dear All,

 

Thank you for your time and advices.

 

Husband already filed petition/application U/s 127 of CrPC for cancellation of Interim Order and wife filed eriers petition. Family Court said that comply with the Interim Order then court will consider the prayer of cancellation of Interim Order. Court refused to consider prayer to dispose the husband petition filed Under section 127 of CrPC along with wife's petition ....

 

Is it fit case to go to High Court and do something there..... what kind of petition in High Court is maintainable....

Sakshi Sakshi (Self employed)     25 October 2012

supression of material facts which affect the merits of the case, and thus winning an undeserving relief.

 

This is fraud

 

Better go to HC and don't waste your time in family court.

 

Once there is blow from HC, the only lower court is tamed

 

Go to Hc with all preparation.

 

Fraud - it gives al opportunity to unravel everything of past.

 

harsh pratap singh (sseef)     25 October 2012

Dear Siv,

My situation is very similar to yours, she got interim maintenance order of  Rs. 5000/-pm from lower court, i went to HC where i have to pay  her a hefty amount as interim relief before proceedings could even start in HC, mediation was not sucessful so HC dismissed my case(that time even i was not knowing about her employment).

Now i have documentary evidences with me, but now lawyer says since the case has been dismissed by HC that indirectly means HC is in favour of Rs 5000 pm so now you have to pay.  Only thing we can put these documents when argument will take place on merits.

Gal have filed for recovery of Rs. 5000pm and they are claiming that whatever interim relief she got from HC is not part of lower court order of 5000 (so HC is excluding from other amount).

I am really worried about the outcome of my case.......

Siv (engineer)     25 October 2012

I found citations that says that Quash petition U/s 482 is maintainable if earlier Quash or Revision in High Court is dimissed provided:

 

1. Change of circumstances or

2. Fraud is done by the other party of the case.....

 

Experts may comment on thisprovision applicability to me and to Harsh Pratap Singh..... Thank you.

harsh pratap singh (sseef)     25 October 2012

Dear Siv,

That means we can again go to HC and file a petition for re-opening the case?

Siv (engineer)     25 October 2012

It is not re-opening the case.....

Filing the fresh petition U/s 482 of CrPC showing the change in circumstances. I have read many Supreme Court judgements.... if this proviion is not there then once error is done due to any reason the innocent shall not be punished for errors or incompetancey..... but people shall be punished only for the crime..... 

Siv (engineer)     25 October 2012

As said by the praveen, I will be ready for cross examine her first on the lies she made in the court.... then immediately I will file perjury to prosecute her....

Praveen Kumar (Intern Lawyer)     25 October 2012

Dear Mr. Siv,

 

Filing a Perjury is a good decision. But you need to be ready as it would be a bettle for you. So first arrnage the document in your support from all the efforts. You can also used the RTI option. 

Dont forget a slow tortoise can be win then a faster Rabbit. Best of Luck.

Siv (engineer)     25 October 2012

Dear Praveen,

 

I am one of the eapert in RTI. I used RTI and tried to get the information. Eveything is ready and just I am waiting for the cross examination....

 

Recently this wife resinged for job and the reasons for resignation is harassment from husband.... she stated in the resignation letter to director of that company saying that husband daily making phone calls and telling to her company people badly about her... whereas I never called her company ..... just I am waiting to fil such document in court to cross her and catch her even on that tooo....

 

I wont leave this legal terrorist..... 

Siv (engineer)     25 October 2012

If any person approach court with unclean hands they are not eligible for anything and relevant citations are below:

 

(1) Har Narain v. Badri Dass, A.I.R. 1963 S.C. 1558.

 

(2) Welcome Hotel and Ors. v. State of A.P. and Ors., A.I.R. 1983 S.C. 1015.

 

(3) G. Narayanaswamy Reddy and Anr. v. State of Karnataka and Ors., A.I.R. 1991 S.C. 1726.

 

(4) S.P. Chengalvarara Naidu (dead) by L.Rs. v. Jagannath (dead) by L.Rs. and Ors., (1995-1)109 P.L.R. 293(S.C.);

 

(5) R.G. Sinde v. State of Maharashtra, A.I.R. 1994 S.C. !673.

 

(6) Chint Ram Chand and Ors. v. State of Punjab and Ors., A.I.R. 1996 S.C. 1406.

 

(7) Bhupinderpal Kaur v. Financial Commissioner (Revenue), Punjab, (1968)70 P.L.R. 169.

 

(8) Chiranji Lal and Ors. v. Financial Commissioner, Haryana and Ors., (1978)80 P.L.R. 582 (F.B.).

 

(9) Harbhajan Kaur v. State of Punjab and Ors., A.I.R. 1995 Pb. & Hry. 216 : 1994 P.L.J. 287.

 

(10) Jai Bhagwan Jain v. H.S.E.B. Panchkula, C.W.P. No. 15448 of 1993, decided on 21.9.1994:

 

(11) Pawan Kumar v. State of Haryana and Anr., 1994(4) S.C.T. 75 (P&H): 1994(5) S.L.R. 73.

 

(12) Kaka Ram Pars Ram and Ors. v. State of Punjab and Ors., (1996-1)112 P.L.R. 691.

 

(13) C.W.P, No. 11686 of 1996 - Shri Kant and Ors. v. State of Punjab and Ors., decided on 21.1.1997.

 

(14) C.W.P. No. 4381 of 1998 - Arihant Super Rice Land and Ors. v. State of Haryana and Ors., decided on 6.8.1998.

 

(15) C.W.P. No. 18304 of 1998 - Smt. Krishna Gupta v. State of Punjab and Ors., decided on 1.12.1998.

 

(16) C.W.P. No. 2585 of 1999 - Santa Singh v. Union of India and Ors., decided on 24.2.1999.

 

(17) C.W.P. No. 11538 of 1999 - Meenu Seth v. State of Punjab and Ors., decided on 2.3.2000.

 

(18) C.W.P. No. 3520 of 2000 - Rajinder Parshad and Ors. v. Union of India and Ors., decided on 31.5.2000. Jaspal Singh vs State Of Haryana And Ors. on 31 January, 2003 Indian Kanoon - https://indiankanoon.org/doc/907688/ 1

 

(19) L.P.A. No. 349 of 1992 - Cement Corporation of India, Charkhi Dadri v. Presiding Officer, Industrial Tribunal-cum-labour Court, Hissar and Ors., decided on 6.9.2001.

1 Like

harsh pratap singh (sseef)     25 October 2012

Hi Siv,

Was your ex-wife in Govt organisation or in Private company.  can you plz share how you used RTI to get details of your wife from her organization?


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