Ashutosh 29 May 2024

Crpc 125(3) maintenance recovery, perjury /false askings what do to ??

Dear Sirs,

Wife and our child has got maintenance in approved in CrPC125 (1), but now she kept child at my house and left to her parents house[ in middle time councealing success and she joined back, presently again left home alone] , now based on that Crpc 125 Judgment earlier, she is demanding recovery with CrPC125(3) , in that she has prayed for boths amount her and child, but presently that child is stayign with me , i am doing schooling and all things, my query is..

1] Family Judge orally says CrPC 125 (3) is just a petition, no affidavit / no reply required/mandatory, just file Recovery amount timely. how can I mention judge?

2] Family Judge is knowing , but how can i bring it to on record that child for which recovery is asked is actually staying with me, Any section, Any reference judgments?

3] Can I request Perjury proceeding to Family court?, as there is no affirmation in CrPC 125(3) application by wife, and judge is also reluctant to take it or order it to wife.

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 29 May 2024

1. You file a petition seeking to modify the order for the reasons you rely upon and submit evidence for the events you rely upon.

2. Read the above answer.

3. There is no case of perjury here.

Ashutosh 30 May 2024

Dear T.Kalaiselvan Sir, thanks for reply.

Should I submit recovery as per order for both ,till new petition progress?

P. Venu (Advocate) 02 June 2024

As already suggested you may file a petition, highlighting the changed circumstances. seeking revision of the maintenance ordered to be paid. This aspect could be averred in the reply to the petition under Section 126(3).

There is no cause of action for filing a perjury petition. This could even be counter-productive.

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Ashutosh 07 June 2024

Thank you sir ..! for valuable advice

Radhey Krishna 12 July 2024

As replied earlier, in additiona to suggestions made by learned advocate colleagues. The maintenance order pronounced by family judge is Effective order and its executions are valid until you file technical objections to it stating the change of circumstances of child custody with you , as well as file the application for modification of running effective 125(1) order for its modification with target to remove the maintenance order against you for the child as child is in your custody and your are taking full accounatbility of the child care and expenses. Keep all expenses bills and proves , you had spent for child and in 125(3) execution , file same as objections cum reply to get the amount adjusted.

Thanks....