Crpc 125 (b) - maintenance claim - interim order
karthik sivaraj
(Querist) 21 December 2022
This query is : Resolved
Hello experts,
My wife has filed a maintenance case, I assigned lawyer to contest on behalf of me also am currently outside i gave POA to my father to contest until i present.
I filed an objection through the lawyer against petitioner false acquisition, (false statements to be proved), after all this court passed the "Interim order" .
Anyone please advice considering the following scenarios what i have to do further:
1. She claimed 85000 per month, I agreed for my kid maintenance, but interim order is too much which i feel including her maintenance (kid not even started schooling still).
2. She is working since from marriage until today (actually because of this she is not ready to cohabit with me), her false/verbal confirmation is accepted by judge that she is not working, but summon not sending to the concern company to proof. Also all my objections against her false allegations not at all consider by judge.
3. I am also doing private job which is not permanent, in that case how can i take care a person who is not even in communication with me for past 5 years.,
4. I have never seen my kid, and kid never knows i am his dad, the reason they are not allowing me.. Its a clear cut cheating but in all the simply petitioner utilizing the favour of law.
Kid is with her parents only all the way, Instead can anyone tell at least i want to take my kid to my custody?
Regards
Karthikeyan
kavksatyanarayana
(Expert) 21 December 2022
What is the opinion of your lawyer? You may represent the material facts stated in your post and the court may consider it.
Dr J C Vashista
(Expert) 22 December 2022
You have stated to have engaged a lawyer to contest the case, accordingly s/he is the best person to advise you properly as s/he is well aware about facts and circumstances of the case including your income, assets, expenditure and liabilities besides the fact s/he is an able, competent and intelligent enough to advise you.
However, on the basis of your questions my opinion / advise is as under:
Q 1. She claimed 85000 per month, I agreed for my kid maintenance, but interim order is too much which i feel including her maintenance (kid not even started schooling still).
Ans: She may claim moon but the Court shall consider relevant facts qua your financial and social status (as she would have enjoyed if staying with you) at the time of deciding quantum of maintenance.
If you feel aggrieved by the order of interim maintenance you should have moved in appeal / revision before competent court.
Q 2. She is working since from marriage until today (actually because of this she is not ready to cohabit with me), her false/verbal confirmation is accepted by judge that she is not working, but summon not sending to the concern company to proof. Also all my objections against her false allegations not at all consider by judge.
Ans: Even if she is working she is entitled for her and child maintenance. If she is unwilling to live with you it has to submitted to the Court by your lawyer. The court shall not issue any summons till you have applied in your or her evidence. You have mixed up various facts in one question, be clear what is your actual problem / query.
3. I am also doing private job which is not permanent, in that case how can i take care a person who is not even in communication with me for past 5 years.,
Ans: Private job or no job has little implication while passing order for interim maintenance. As far as not in communication with her is a different subject which cannot be clubbed with maintenance till the time you are able to establish her adultery or desertion for which your lawyer shall be able to opine and advise.
4. I have never seen my kid, and kid never knows i am his dad, the reason they are not allowing me.. Its a clear cut cheating but in all the simply petitioner utilizing the favour of law. Kid is with her parents only all the way, Instead can anyone tell at least i want to take my kid to my custody?
Ans: You have not stated as to whether you have ever attempted to meet / visit the child personally, socially or through legal process, which is altogether a different subject of visitation rights or custody of minor for that your lawyer is competent person to form proper opinion and advise.
Whatsoever, if you are not satisfied with the opinion, performance, behaviour, proceeding of your lawyer or you have lost faith in him/her, it would be appropriate to replace him/ her immediately.
karthik sivaraj
(Querist) 22 December 2022
Thanks for your valuable advice Dr JCV.
Coming to point 2, little more clarity .....
My wife filed crpc 125 (maintenance claim) with lot of false allegations and own imaginations.. My lawyer filed an objection against each point, but judge not even consider one point to say that strictly to prove the same., issued interim order.
I provided photo/video evidence for two things 1. she is working 2. Until now financial support (bank statement) I did,
Atleast court should put an order to prove this. This is my least concern to the court.
Dr J C Vashista
(Expert) 30 December 2022
@ Karthik Sivaraj,
Although your concern regarding leveling false and frivolous allegations in a complaint under section 125 CrPC yet you should ignore them, as did the Court, since such allegations are irrelevant and have no consequence qua grant of maintenance.
Best wishes for the coming New Georgian year-2023
Advocate Bhartesh goyal
(Expert) 29 December 2022
