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Amit (NA)     20 June 2012

Crpc 125

Hi,

My wife filed CrPC 125 for maintenance while the divorce case is on.

She's highly educated (done masters) but her income is hard to prove.

She has made false allegations regarding our treatment of her, my property, dowry, my income and her income in the maintenance petition.

She has left the matrimonial house and during reconciliation too she refused to join. Later we filed divorce and refused to accept her.

My questions are:

(1) Is this petition for interim maintenace?

(2) What if I skip first one or two sessions as I need time to prepare my response and all the supporting documents.

(3) How long does this case take typically?

(4) If the maintenance is granted, is it permanent? Or does it last only till divorce case is ongoing?

(5) We have no children. And I think I can prove that her income is around 15 - 20K p.m. She's not used to any luxuries like car, washing machine etc in the matrimonial house. Is she still entitled to maintenance?

 

Thanks



Learning

 4 Replies

HK_Jain... (498a Fighter)     20 June 2012

 

(1) Is this petition for interim maintenace?

 

Yes.it would be interim as well as final


(2) What if I skip first one or two sessions as I need time to prepare my response and all the supporting documents.

 

No you should attend. Don't avoid. You can ask some more time to WS

 

(3) How long does this case take typically?

 

ask any astrologer.;)

 

(4) If the maintenance is granted, is it permanent? Or does it last only till divorce case is ongoing?

 

parmanent untill your estrange wife get re-marry.

 

(5) We have no children. And I think I can prove that her income is around 15 - 20K p.m. She's not used to any luxuries like car, washing machine etc in the matrimonial house. Is she still entitled to maintenance?

 

No, if you can proved ger income.

 

Regards

Hemant Jain

Amit (NA)     20 June 2012

Thanks Hemant for the reply.

So if In understood correctly, the maintenance granted now lasts till she remarries or commits adultery etc. Right?

But I filed for annulment of the marriage. Assuming the marriage gets annulled, she won't be entitled to maintenance from then on right?

I have liabilities. I have taking hand loans from my relatives (agreement on stamp paper is present) and I am yet to pay back with interest. My father also spent huge money on my studies which I should ideally be paying him back but there's no agreement there. Can I tell the court all of this and get the maintenance reduced?

We have given her lot of jewelry that she's refusing to return. We have proof of our purchase and it was given to her in front of my relatives. Also, I gave her money to buy jewelry on her own and for also other expenses when we stayed together. How can I recover that? And will this be useful in the maintenance case?

Wife has property, some cultivable land. She claims she's not getting any income from it. Will her owning land help in reducing maintenance?

I read somewhere that the wife needs amount roughly comes to around 20% of husband's income if there are no children and 30% if there are children and the maintenance amount would be the  20% (or 30%) minus her income. Is this approximation generally valid?

SC has said that a highly educated and capable woman is not entitled to maintenance. Are the lower courts following this?

How do I prove that we have not taken dowry, jewelry etc. She has claimed so in the petition. Is the burden on her to prove that they have given? Can she be asked where all that money came from? What if she claims that she borrowed the money from relatives?

Going forward, as a next step, can I ask her to file affidavit about (a) the life style she's used to (b) the expenses incurred with that life style (c) her income along with her investments. Can I insist on this before I file a counter?

Thanks

HK_Jain... (498a Fighter)     21 June 2012

 

So if In understood correctly, the maintenance granted now lasts till she remarries or commits adultery etc. Right?

 

Yes


But I filed for annulment of the marriage. Assuming the marriage gets annulled, she won't be entitled to maintenance from then on right?

 

both are different to each other. Merely filling annulment doesnt mean you have no more liability to your wife. You have to win first.

I have liabilities. I have taking hand loans from my relatives (agreement on stamp paper is present) and I am yet to pay back with interest. My father also spent huge money on my studies which I should ideally be paying him back but there's no agreement there. Can I tell the court all of this and get the maintenance reduced?

 

Ans-3.  Yes you can say it in your WS


We have given her lot of jewelry that she's refusing to return. We have proof of our purchase and it was given to her in front of my relatives. Also, I gave her money to buy jewelry on her own and for also other expenses when we stayed together. How can I recover that? And will this be useful in the maintenance case?

 

Forget about recovery as this is her STRIDHAN. Yes will be useful in maintainance case.

Wife has property, some cultivable land. She claims she's not getting any income from it. Will her owning land help in reducing maintenance?

 

Refer answer 3, yes


I read somewhere that the wife needs amount roughly comes to around 20% of husband's income if there are no children and 30% if there are children and the maintenance amount would be the  20% (or 30%) minus her income. Is this approximation generally valid?


Yes sahi suna hai


SC has said that a highly educated and capable woman is not entitled to maintenance. Are the lower courts following this?

 

this is not the judgement of SC. Its a judgement of MM court and can't use anywhere. Dear experts/shonee sir please correct me if I am wrong.

How do I prove that we have not taken dowry, jewelry etc. She has claimed so in the petition. Is the burden on her to prove that they have given?

 

Yes

 

Can she be asked where all that money came from? What if she claims that she borrowed the money from relatives?

 

No you cannot ask this in crpc 125 

 

Going forward, as a next step, can I ask her to file affidavit about (a) the life style she's used to (b) the expenses incurred with that life style (c) her income along with her investments. Can I insist on this before I file a counter?

 

MAAN LETE HAI USNE DE DIYA KI VO ABLA AUR DUKHI HAI, I want to know how you use it.

 

Regards

Hemant Jain

Amit (NA)     21 June 2012

Thanks again Hemant.


Regarding annulment of marriage my question was that "assuming the marriage gets annulled" i.e., I win the case. Is she entitled to the continued maintenance?


Regd affidavit. Giving false info (like income) in affidavit is an offense right. Even if it is not, unless she tells how she arrived at the claimed maintenance amount (which is huge), how can the judge also trust her? Once she tells her life style (and I can disprove it) and her expenses (I can give better justified estimate with proofs) and also her income (I can pretty much convince the judge about her income), her affidavit would stand wrong. Not sure if all this helps, but I'd like to get all that info and dispel the falsehood. Is this a wrong approach? What's the best way then?

Thanks
 


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