LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Wife supressed the facts to interim maintenance in crpc-125

Page no : 2

Munirathnam (Scientist)     25 October 2012

File RTI to income tax department and get details of wife's income tax returns documents along with the supporting documents.

 

Here you will come across her bank account number and savings schemes with policy numbers..... what else are required.

 

To start with get wife's PAN CARD number rom Income Tax website using her date of birth and name. If did not disclose all the particulars then file criminal case against the wife at any police station and ask the police collect the bank statetements and the savings policy documents under secton 91 of CrPC in support f your case for money extortion .....

harsh pratap singh (sseef)     26 October 2012

dear Munirathnam,

I filed RTI to IT dept but they refused to give any information saying it is personal information and not under purview of RTI.

I know her PAN number.

Could not understand ........how can i file a criminal case against my wife at police station & why police will collect her bank statement and saving policy documents for money extortion.......Plz elaborate a little more.

Thanks.

Munirathnam (Scientist)     27 October 2012

Hi,

 

Normally go to police/court to file complaint/PCR to get help to punish the criminal. This pocedure is not only limited to wife but aso any citizen of Inida.

 

Innocent husband/family can go to police/court to file complaint/PCR. After that investigation starts and during the investigation the husband/family can request/help police to collect the required material in support of the complaint/PCR f the husband/family.

 

If husband wants any documents in support of the case that is pending in criminal court or Famuily court U/s 125 of CrPC, then husabnd side may file application U/s 91 of CrPC .....

Munirathnam (Scientist)     27 October 2012

Dear harsh pratap singh,

 

Call the IT department office and speak to head of that office then write letter to that head of the office to take action against him for misleding you with the support of CIC decisions and also say that you may reach High Court with writ petition for not acting against the officer gave you false information....

Munirathnam (Scientist)     28 October 2012

Hi All,

 

In this forum I asked lot of help stating some circumstances (not only belongs to me) but if my wife assumes that all the circumstances are related to my wife and make complaint will it cause harm to me?

Siv (engineer)     29 October 2012

Here in the forum people sall always use fake names or fake stories so that one can not identify the real identity of the person otherwise people will be aware of the plans of the parties....

 

Whereas no body shalll use exact names of others and make allegations that will cause dammage if those are false.

Nitish Banka (lawyer)     07 January 2018

Interim Maintenance Arguments important judgments

If you are from the Husband side and your wife is capable of earning and having good qualifications and if you are unemployed then how will you defend the interim maintenance case  filed by wife.

Here are the few judgments which you must use to fight interim maintenance cases  these judgments are handy.

Image result for interim maintenance

Smt. Mamta Jaiswal vs Rajesh Jaiswal 2000 (4) MPHT 457 spouse who is well qualified to get the service immediately with less efforts are not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut pendente life alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose.

In Sanjay Bhardwaj & Ors. vs The State & Anr.  wherein while considering the provisions relating to maintenance under The Protection of Women from Domestic Violence Act, 2005 (D.V. Act) and other prevalent laws like Hindu Adoption and Maintenance Act, 1956; Hindu Marriage Act, 1956 and Section 125 of Criminal Procedure Code (Cr.P.C.), it was held that, “a husband is supposed to maintain his un- earning spouse out of the income which he earns. No law provides that a husband must maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell ask husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both claimed to be gainfully employed before marriage”.

In Sakarben Shambhubhai Rabari & vs Shambhubhai MasharubhaiRabari  while   fixing   the   quantum   of  maintenance,  the  Court  has to take  into  account  not   only   the   needs   of   person   who   claims  maintenance   but   also   the   capacity,   status,  commitments and the obligations of person who has  to pay it. If the husband has to maintain other persons   like   his parents, etc.   reasonable allowance for their maintenance shall have to be made. It would be unjust to grant maintenance in an arbitrary   manner.   The   party   who   has   to   pay maintenance is also not to be virtually rendered a destitute. A fair balancing of all the relevant factors   is   to   be   done   by   the   Courts without making an emotional approach to the problem. The court shall have to keep in mind that what is to be provided is the

maintenance and it cannot have saving element in it nor is it the purpose of the legislature   to   put   the   claimant   in   a   luxurious position. The definition of maintenance given by the Act   makes   this   position   amply   clear.

The Hon’ble Supreme Court in Manish Jain Vs. Akanksha Jain held

The Court must take into consideration the status of the parties and the capacity of the spouse to pay maintenance and whether the applicant has any independent income sufficient for her or his support. Maintenance is always dependent upon factual situation; the Court should, therefore, mould the claim for maintenance determining the quantum based on various factors brought before the Court.

By-: Advocate Nitish Banka

9891549997


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query