125 crpc victim...need help

Dear Fellow members,

My wife stays with me only for 2 months. then she filed all false 498a,406, 125 crpc & DV cases.

I got jailed for 1 day..my other family members got AB bail.

1-Family court gurgaon has passed an order of paying Rs 8000 per month to my wife(final order). my wife has not provided any documentry proof of my income. only stated that I am earning 25000 per month that is not true. In gurgaon court have not even asked me to submit my income deatils & all. I am only a BCOM graduate wheras she has don teacher training course & awaiting her LLB final year result.

2-She has left my home on her own accord. I have never denied to take her back home, RCR proceeding is going on in delhi court.where she is not ready to come back at any cost. only asking for a huge amount of money for one time settlement in mediation & infront of court.    

You should have convinced the judge that she has left your house on her own accord, for women who desert husband, they are not entitled to aliimony whatsoever.

3-I have approached High court chandigarh for the reduction of maintenance amount, but all in vain court has rejected my revision petition without listening to the facts.

They wont reduce the alimony.  WHy?  it is because it is just interim aliimony, which is needed to be paid by you until the case gets over.  

4-She has filled for the execution(8000*18), I am regularly paying maintenence but not paying the full amount...in begining i paid 20000 & 10000 after that i started paying 3000 per month stating that i am umemployed which is true as well.

Good thing, keep paying whatever you can.  But your unemployment ki kahani nobody will listen.  It is duty of husband to feed wife, even if he is unemployed.  After a period of one year, your wife will have to ask for alimony again, and at that time, you provide income tax returns for lesser income so that judge will fix lesser amount of alimony for second year.  Remember not working or having no job is as good as a crime, do some small job, then judge cannot do anything, or you can ask himi to give you job which pays twenty lac rupees per month and that you woud be ready to pay whatever alimony he wants you to pay to your dear wife.  Secondly, try to finish of the case as early as possible. 

5-Now family court judge has also appreciating the fact that I am willing to take her back home she is the one who is willing to take divorce after taking the huge amount. now judge is also giving me 3 months date for payments after requesting to do so. 

Good for you!

6-I know that the day maintenance got stoped or reduced she can easily ready for divorce for any amount.

7-Kindly help me what to do to reduce maintenence amount.

 Ab bhaiyaaji maintenance ka amount toh reduce hoga, that too as I said after a period of one year, when the wife will file fresh application for IA, then you can file an application stating that due to change in circumstances, your income is low now and that you can afford to pay lesser amount [whatever you plan to pay] and ask judge to readjudicate the interim alimony.  Then judge will reduce alimony according to your income and not according to the statement given by your wife.  Yeh maintenance ka amount reduce karwane ke chakkar mein time nikaljayega.  Behter yahi hoga ki aap case ko jald se jald khatam karwade, warna saal dar saal paise bharte rehna padega aapko.

dont have sufficeint means to full that demand. having many liablites of banks.

last month 2 bank has issued me notices for non payment of personal loan EMI's...I am not filling ITR's from last 3 years...no Income tax deduction( before this case i was paying 25000 tax per year).

File IT returns, show that your income is less, ie 5k per month
My father is also going to retire next month.

PLZ HELP ME

 

HELPING HAND first of all thank you so much for your valuable time & help.

You are doing a very good job, may god bless you

I have sent you all the details in scanned copy to you mail ID you have PM me.

1-Certified copy of final Maintenence Order passed by family court Gurgaon.

2-Few certified copy of maintenence payed by me monthly.

3-New Execution petetion I have received 1 week back.(my question now can i file change of circumstance with this new execution petetion of her...my lawyer said no...because this is the final order)

As you have already suggested me to go for 1 time settlement, we am also looking for same but the amount she is asking is very huge and we are not in position to pay that.

As I told you she is not ready to come back at any cost. we have already given all the articles(untouched) & jewllery to her way back. but she is now only dying for money.

they know that this 8000 pm is a big pressure on me & he vl defently manage this 10 lac.(may be by selling my house).

Today I have recvd a notice from GGN police for DV. my next date in DV is 26th mar. my lawyer will file the answer on this date. plz suggest what all the precaution i have take on 26th mar.

Protection officer has filed his report....In DV I am ready to take her back in my parents house...already paying maintenence in 125 crpc....

not done any physical harrasment....she is asking 5 lac in DV as well.

7-Apr in delhi tis hazari for RCR(filled by me)

24th may 125 crpc for making maintenance payment.

Thanks in advance Helping hand & fellow members