Wrong decision on 125crpc
Morvin Sagar
(Querist) 10 May 2013
This query is : Resolved
Dear Sir,
My Wife has left my home on her own will, under the influence of her parents and Brother, and filed a false 498 A case against me and my family, along with a case of 125 crpc seeking maintainance @15000 per month. I have been granted bail in 498A case, as there are no evidences found against me, But still the case is on and putting me in depression day by day. In 125 CR case, my Wife is an Educated lady having MA, B.ed Qualifications and having 5 years Exp in Teaching at Various Schools higher classes, and she has told the court that she is an uneducated lady, and not worked anywhere, so she will not be able to maintain her, and depend upon his parents, His parents are also very rich having there own house in Faridabad.
My lawyer told me to arrange all documents related to her qualifications and experience, so that we may proof her false in court, I have arranged all his educational qualification documents and also her past 5 year exp documents, showing court that she has been working after the date when she left my home and getting 30000 in hand salary, and she has given a false statement that she will not be able to work.
Also i have submitted in Court a Judgement copy ordered by Honorable High Court of Delhi, that a Educated women working earlier and able to maintain herself on her own is not liable for maintenance from her husband.
The Exp Documents clearly showed that she has been working well, even after leaving me, and also she has written in court in 498 A case that she will not live with me, and also not live with my family, That copy has also been submitted in court.She stayed with me for only six months,and hardly we got into any relationships, we have no child and she is well educated. Sheis noty able to give any document in court, related to my job, salary and also that i have put her out my home. Instead i have also submitted written proof of her and her mother in which they have confirmed that are leaving my home at there own will, and they have agreed about the same in front of court always.
But i have faced a wrong decision from Family court faridabad that i have to pay 8000 Rs per amount to my wife. I just wants to ask, the court is not interested in checking all documents, i have submiited every small evidence that proofs easily even to a common man that she is a well educated lady and can maintain her well. She has been granted monthly amount from court without giving ang evidence, and i have collected evidences from top to Bottom, but the court has not seen those. Why the court has given a one way decision, and on which grounds she has been given such large amount, as i have noticed in many decisions that Ladies having a child get only 1-2 k Per month amount.
This is really a bad decision and shaken by faith in law, as despite of having every evidence, the court only listen the oral statements of her and this is really a heart broke for me. Wants to know that what i can do further and is this decision is really Ok, even after hundreds of Evidences, the court has given judgement on oral statement.Also we belongs to Christian Community and what the law says for Christian community in case of 125crpc
ajay sethi
(Expert) 10 May 2013
challenge the impugned order awarding your wife maintenance . since she is highly educated and working and able to maintain herself with income of rs 30,000 per month she should not have been awarded maintenance . in addition she has surpressed material facts and have not come to court with clean hands .
she has also deserted you without sufficent cause . you will get releif from apellate courts
R.K Nanda 
(Expert) 10 May 2013
consult local lawyer.
Adv k . mahesh
(Expert) 10 May 2013
file a review petition for surpassing the evidences and produce all the evidences again
Morvin Sagar
(Querist) 13 May 2013
Sir, Can i File the Review Petition in same court as my case was handled by DJ Family Court..or i shall only file the same in High Court.?
V R SHROFF
(Expert) 13 May 2013
You cannot ask same court to Review Petition, Mgher court FIGHT.
iSSUE NOTOCE TO HER EMPLOYERS TO EITHER PROVIDE THE INFORMAION, OR EXAMINE-IN COURT. EXPEDITE 125 TOO.
She won't remain, unemployed for long.
This isa pressure tactics to get handsome alimony, and get Divorce quickly with your consent, so that she can remarry fast, start job, and get good amount from u claiming Wedding expenses mtn etc.
Morvin Sagar
(Querist) 13 May 2013
i have already submitted all documents related to her educational and professional exp in court, showing that she was working even after leaving me, submitted her written statement that she will never live with me, also she has agreed in written in front Of Judicial magistrate,by giving the written statement, i have submitted all these documents, but the court i don't know why has given this one sided judgement..i will surely appeal in higher court with all these evidences...shall i expect some relief from higher court..?
ajay sethi
(Expert) 13 May 2013
yes you will get reliefs from appellate courts
Morvin Sagar
(Querist) 13 May 2013
Thankyou all Respected sir's for your kind advice
