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Maximus (SE)     03 January 2013

Crpc 125 . wife asking for maintenance

Hi, 

My Wife has lived with only for 2 months. We got married  Novemeber 2011. After she left house in month of January . She filled case against me and my family 498a. After we all got AB.She again filled RCR after one month of 498a case. I dragged the case for 3 month, on Jan 2nd i filled my counter stating that she deserted me, she also filled a False 498a (still chargesheet/no trail is not filled yet. though case was booked on Jun 30 2012.). During counselling i expressed same thing b4 judge, Judge asked to forget abt 498a , though it is mistake from her side.  Now today she has filled Interim Maintenance of 20,000 Monthly and 50,000 has expenses for her lawyer (i.e her proceddings). Stating that i getting salary of 2 lakhs per month.  Judge asked us to file a counter for maintenance before 10 January.

My Wife is holding BTech certificate from Mechanical Background with 83%. B4 marriage, it was told she is university topper. She 2010 passout. She worked in organization for 6 months, before the marriage. It was not because of marriage, she quit her job ,but she Quited before 6 months of my marriage. Her father is holding bank balance of 11 lakhs, he get intrests of 10K monthly. He hold 10 acers of land. which worth around 20 lakhs per acer. 

Today we have enquired whether there are staying in the same place, which they have mentioned in Court Cases. We got to know tht they are not present in mentioned address. They got moved to different location in search of Job. How do i trace out her, where exactly she is working. I have her Pancard. is there any possiblity to know her employer if she is working. 

Now How can i save myself from not paying maintenance. We dont have children. What are proof should i get to show on 10 January. 

 

-Mahender



Learning

 4 Replies

Tajobsindia (Senior Partner )     04 January 2013

1. RCR certified Copy
2. That you did not refuse her to live with you
3. That you do not earn 2 L
4. That she is highly educated and has ability to work
5. That the process service address is not the place of her ordinary residence as found by such and such source hence raise jurisdiction of Court as preliminary objection question so that she can amend the Memo of Parties.

A. By having PAN card details one cannot find what you asked. For that services of reliable Detective found via reference is taken.
B. Her parents being TATA or Birla’s has no bearing on her claims under S. 125 CrPC provided she does not have share in named assets and deriving some income out of them !

Very limited written statement moves your side currently have based on facts you mentioned.

Rahul Kapoor (Legal Enthusiast)     04 January 2013

hello,

if wife is working then she not entitled to maintenance.

you have to prove the same in the court by various means.( like TEP)

there are many judgements on the same.

prove in the court that she is working.

 

 

regards-

rahul.gogreen@gmail.com

Maximus (SE)     04 January 2013

Hi Rahul, 

She worked previously but not now.

 

-Mahender

Rahul Kapoor (Legal Enthusiast)     04 January 2013

hello mahender,

if she is able to work or worked previously then not entitled to maintenance.

there are judgements on the same.

 

regards-

rahul.gogreen@gmail.com


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