Maintenance in dv and 125 crpc case
Akash
(Querist) 08 August 2015
This query is : Resolved
Dear Experts,
There was a recent development in my case. I was contesting my case of DV, 125 Crpc and 498a. Now under DV act an interim maintenance of 10,000 Rs per month was allowed with a litigation charges of 5,000 rs Per month.
I had filed an objection and challenged the order in Sessions court where the order was stayed. Now I just got hold of her Income Tax returns where it shows that she is drawing almost equal salary of mine. Now while the case was ongoing in sessions court they did not agree that she is working.
Now how useful that evidence will be as the stay is still in place and hearing is ongoing?
Will she still be eligible to get maintenance?
Is there any way that I can ensure that she is penalized for knowingly providing false information in the court.
P. Venu
(Expert) 08 August 2015
You can bring out the new facts to the notice of the Court.
Rajendra K Goyal
(Expert) 08 August 2015
Bring the fact / submit the copy of the return to the court.
Dr J C Vashista
(Expert) 10 August 2015
What is the opinion and advise of your counsel?
How the trail court missed this information that she is working (IT assessee)and even then allowed interim maintenance with litigation expenses?
In a case u/s 19 PWADV Act, the courts do not provide litigation expenses to aggrieved person, is it allowed? Recheck with your advocate.
Submit all relevant facts before the Sessions Court through your counsel.
Akash
(Querist) 10 August 2015
Thank you experts for your replies.
Lower court made judgement stating as she is married to me thats the reason the maintenance needs to be paid. Yes litigation expense was allowed which was 5000 per month. My date of hearing was today but as therr was a strike in the court my case couldn't be heard.
I need your advise in the following
1. Will form 26AS received from IT department hold good in the court. Or I have to send any intimation to her current employer to disclose the details.
2. If the evidence is accepted in the court what are my chances of getting the maintenance claim rejected.
3. As she gave a statement that she is unemployed in the court and now I have evidence that she actually was working in a MNC when that statement was given. How can I ensure that some action is taken against her.
