chanakyam (Consultant) 11 October 2010

crpc 125 maintenance

Hello Sir/ Hello experts,

Brief facts of my whole case:

1. Got married two years back from now. Both working in IT industry.

2. Wife left matrimonial house within a month of the marriage by insisting the husband not to spend money to younger sister education,not to spend money to my old age parents and she insists i shuld live with wife's parents at her home and does not return back inspite of several efforts made and on the same, the problem cropped up.

and after 5 months she told that she wanted to get seperated, but demanded huge amount of money and threatened the husbands family. Husband submitted a written letter and requested counselling at SHO officer for reconcilation and lead a happy matrimonial life. But even in counselling she denied to join the matrimonial home saying there is harassment. After a week she filed 498a with all false allegations saying she stayed 7 months in my house(even though she stayed around 2 weeks in my house) and husband family harrased her.

3. Immediately after 498a, she also filed crpc125 for maintenance with gap of 2 months. ( married in Nov 08, seperated in Dec 08, 498a filed in Jun 2009, crpc 125 filed in Aug 2009).

6. I filed RCR twoo months back, next week is the adjourned date, wife has to file the counter

4. 498a trial is not yet started, in next adjournment, the trial may start.

5. crpc 125 interim maintenance granted in lower court, appealed in HC, and HC gave stay with half amount of what lower court gave

6. In the last hearing at the lower court, we filed a memo saying HC gave the order with half the amount of lower court granted, then the lower court judge told taht, next adjournment is for evindence. He said that "if evidence is not filed, he will pas ex parte order". I dint get what exactly the judge's intention/openion is?

Do i need to submit the evidence? or she should submit? what will be the next steps

I need following clarifications:

1. As, I have also filed RCR two months back(before the interim order passed), it is adjourned to next week of this month, they are supposed file the counter. Even i asked in my crpc 125 counter that, asking her to join my company (They are not ready to join and their intention is only to get money)

2. Can i ask the judge to give adjournments on same dates for my RCR and crpc 125for further adjournments?

3. If she is not willing to join me without reasonable excuse(either in the RCR or crpc 125), can I take this stand to deny the maintenance?

4. She also admitted in her crpc 125 petition that she is a software engineer and she is getting low salary,but recently she submitted a relieving letter by saying she is not working. But im sure she is working somewhere now. How can i project this point to deny maintenance.

4. As She already filed 498a and put some false allegations, I am thinking she will use the same allegations here in RCR and deny to join me. But is it necessary to prove those allegations by her? if she does not prove what happens?

5. Generally, what would the process..now in the lower court as already the HC stayed the interim maintenance order. Can the main case proceeds in the lower court? if yes what are sequence of steps? and what are the chances that judge passing the ex parte order ?

Please guide me.

Thanks in advance.

Reply Follow

3 Replies

(Guest)

Your case is very strong as you mention the facts.Its good that you file RCR. As you said that “Wife left matrimonial house within a month of the marriage by insisting the husband not to spend money to younger sister education, not to spend money to my old age parents and she insists i shuld live with wife's parents at her home and does not return back inspite of several efforts made and on the same, the problem cropped up.” If you have proof that she insisting you not to spend money to younger sister education then its useful to you.

second question answer; it depend upon your case as you said that they are supposed file the counter so after filing counter the judge to give adjournments on that day.

Third question answer;

yes, you said to the court that your wife only stayed for a month and left me without reasonable excuse. its a strong contention only one month she left you.Also,court should consider whether mental or physical harrassment in 498 ,as only 1 month consider along with other evidence and after cross*xam it should be clear the picture ,your advocate should help you. you are positive on you side as you said that Even I asked in my crpc 125 counter that, asking her to join my company.All factors should be consider ,so be brave and fight for truth.

Forth answer; If you are sure that she is still working in a company ,then you should collect the evidences(detective) and give to your advocate.

fifth answer; Lower court proceeds with the HC direction so dont woory faith in youself and your advocate and in court. You have strong evidence looking to the facts that you specify in this post. Don’t worry.

chanakyam (Consultant) 12 October 2010

Hello Sir, Thank you very much for your inputs.

As u said lower court will follow as per directions of HC regarding interim order.

My stand for the final maintenance case are as follows:

1. Wife is MCA graduate and worked for around 4+ years in an IT company and she recently left that company as per her version, but no where she specified that she is not working currently anywhere(recently she submitted relieving letter to the lower court ) ----- > I am going to argue, she is highly educated and capable of earning. In her relieving letter itself(which is submitted to lower court) reveals her 4 years of experience in IT industry, i dont i have to proof explicitly, and also it proves that she has earning capability. And now, she resigned to her job only to get the maintenance order in her favour. (Please suggest,whether this is a proper argument also give your inputs if it needs to modified)

2. I have not deserted my wife (contrarily she deserted me), I am asking her to join my company. ( As said I have already filed RCR)

i) If she agrees to join my compnay----- still she is entitled for maintenance?

ii) If she denies to join then -------- I am going to argue that under section crpc 125 (4), she is not entitled for maintenance , as she refuses to live with her husband without any sufficient reason (Please suggest,whether this is a proper argument also give your inputs if it needs to modified)

iii) If she says there is cruelty and she will not join----- is the burden is on her to prove the cruelty? if she is unable to prove that, then maintenance case is dismissed on this sole ground?

( For interim order, lower court did not consider any of the above facts and passed the interim orders in her favour, I am doubting will this be the same case for final orders also?)

3. i) She said in her petition that, my in-laws gave me 2 plots which is absolutely false which i can prove that its false, i dont have any plots registered on my name ( as they dont give me 2 plots they also dont have any docuentary evidences)---------- Can I argue that, she is lying in the court and coming with unclean hands and is not entitled for maintenance, those who approach the court with unclean hands not entitled for maintenance.

ii) She said said that she stayed in my house for 7 months,but actually she stayed for around 2 weeks through out our matrimonial life-------Again its a lie, my neighbours can witness this.

Some of the people told that, courts are sympethetic towards women and they will grant maintenance by overlooking the facts. How far this is true? ( I experienced this in the interim orders, but is it the same with even final maintenance?)

Please suggest me, the above arguments are fine and enough to dismiss the final maintenace. I am trying to find out where is working, but it is becoming very tough to find out ( any ideas to find out her present company will really grateful). Please add on your comments and suggestions.

Thanks in advance.

1 Like

(Guest)

She has 4 years of experience in IT industry so in cross exam your advocate should ask that question, so don’t worry. If you have a proof of hew qualification and experience then it is benefited otherwise your advocate should ask these question in the cross examination.

Generally,the judge should consider following factors;It depend upon husband earning(income),lifestyle,his or her a status in a society ,dependancy,a standard of living ,other expenditure etc.

And now, she resigned to her job only to get the maintenance order in her favour.But remember one thing,if after maintenance order passed and thereafter she will join job ,you file for 127 crpc don’t worry.

127.Alteration in allowance. – (1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father of mother, as the case may be, the Magistrate may make such alteration in the allowance as he thinks fit.

Do you have any proof that “She said said that she stayed in my house for 7 months,but actually she stayed for around 2 weeks through out our matrimonial life” ?

I hope your advocate should give proper guidance and don’t think if this happen or that happen, discuss your problem straightly with your advocate.