Friends,
- In the marriage, no dowry neither any article given to the husband.
- After marriage, the father in law voluntarily deposited 25K, 25K & 50K (total 1 lac) in the bank account of the husband by obtaining the account number from his daughter from the chequebook of the husband kept in their house.
- Wife stayed with husband for 45 days post marriage. After which she went to her parents to appear her final PG exams & did not return.
- After 6 months, the wife's father went to the husband & emotionally asked him to give Rs. 1 lac for repaying a debt & took the amount. The husband paid it by taking a unsecured loan. However, the wife did not return to the husband despite several requests by the husband & his family members.
- After her father took 1lac from the husband, the wife started calling the husband & asked to give her parents rs. 5 lac to which the husband denied.
- After 5 months while the husband was not in home, the wife in pretext of staying came to her mother-in-law & deceptively defrauded & stolen all the gold ornaments & her belongings from the house of the husband.
- Then she waited for another 6 months & filed a maintenance case stating some false, frivolous & concocted subjects therein.
- She has been living in a town where as mentioned in the affidavit that she has been residing with her grand father in the village. The husband has all the evidences relating to her travel & filed the WS in the maintenance case admitting his actual salary & employment details.
- However, during the maintenance proceeding, the husband met with an accident & had severe fractures for which he has to undergo with surgery in AIIMS. He was completely be ridden & had lost his job in the private company. Even though he had submitted applications to the court mentioning the change in circumstances & the medical certificate from the Professor of AIIMS, the court had passed an ex-parte order directing the husband to pay a monthly maintenance & also mentioned in the order that as the respondent husband had admitted his employment & salary in WS, the later applications about no-job were not considered.
- The husband has filed a petitin u/s 126 crpc to set aside the ex-parte order.
My Questions are:
- If the ex-parte order is set aside, can the husband file an amended WS stating his present condition & unemployment status? Is there any provision in law to do so????
- If not any other ways he could defend the case as he is unemployed & struggling to meet his both ends. He is completely dependent on his widow mother for survival.
- Should he file a petition of perjury against the wife or he should wait till the maintenance proceeding is over????
- If the old WS be considered and the admittance be considered, he would be at nowhere & could not even pay the amount...... what the poor guy should do???
