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ravi (Eng)     01 June 2015

Crpc 125 - maintenance to wife

Hi,

 

Just after 4 months of marriage, my wife went back to her parental house and has filed crpc 125 case against me. Their financial condition is very bad. She married to me just to extort the money.

 

1. Do I need to submit my income proofs to court?

2. Can I deny to share my personal information i.e. income?

3. Do the burden lies on my wife to prove my salary & employment details.

4. As I work in  private company, can she find out my employment & salary details through any legal / illegal means?

5. Do I need to give affidavit stating my income.

6. Can less amount be shown? What are its legal consequences if figures are found to be wrong?

7. What are the ways to avoid interim & final maintenance?

 



Learning

 5 Replies

ravi (Eng)     02 June 2015

Sir kindly advise on this. I need help.

ANAMIKA VICHARE (LAWYER)     02 June 2015

If you want your wife back, just file an application that you want her back, n pray that she hould be sent to matrimonial house forresuption of cohabitation.   Thisis one aspect, next is that you cannot suppress any material info from th court, yo yourself must give your salary proof.   File your written say.........I suppose that your wife is not working.   Let order be passed. You also filed Restn of conjugal rights petn u/s.9 of Hindu Marriage Act if you are Hindu oer any other act. This will help further all queries which are confidential can be sought by sending msg to my Gaceboo A/c only 

Anamika Vichare with New York city picture

ravi (Eng)     04 June 2015

My queries are still unanswered:

 

Just after 4 months of marriage, my wife went back to her parental house and has filed crpc 125 case against me. Their financial condition is very bad. She married to me just to extort the money.

 

1. Do I need to submit my income proofs to court?

2. Can I deny to share my personal information i.e. income?

3. Do the burden lies on my wife to prove my salary & employment details.

4. As I work in  private company, can she find out my employment & salary details through any legal / illegal means?

5. Do I need to give affidavit stating my income.

6. Can less amount be shown? What are its legal consequences if figures are found to be wrong?

7. What are the ways to avoid interim & final maintenance?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 June 2015

1.    Do I need to submit my income proofs to court?

 


Never.  If you are privately employed or self-employed then show either  jobless in the court or very minimum income not more than 5000/- per month in your WS


2.    Can I deny to share my personal information i.e. income?

 


Show jobless in the court or very minimum income not more than 5000/- per month in your WS.


3.    Do the burden lies on my wife to prove my salary & employment details.

 


Yes exactly.

 


4.    As I work in private company, can she find out my employment & salary details through any legal / illegal means?

 


Not sure about illegal way. But she can’t get in legal way like RTI or anything else. Cool. If court issues summon to the employer then also employer may not come as it is not mandatory.
5.    Do I need to give affidavit stating my income.

 


Never.


6.    Can less amount be shown? What are its legal consequences if figures are found to be wrong?

 


Yes as advised before.

 

Burden to proof lies on her.

 


7.    What are the ways to avoid interim & final maintenance?

 


Try to proof exact matrimonial disputes – without any valid reason she left you. (follow sub section 4 of 125 CrPC), Try get her income details and submit in court. File CrPC 91 and perjury as a counter case. Sample petitions is available in my posts.

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 June 2015

Filing a strong WS is most important in your case. If lawyer doen't wish to file properly than file it in-person and serve the copy to the opponent by keeping record in the court.

 

If possible then change the job without disclosing anybody and show jobless in the court,


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