dv case

1.     As per your concern and facts laid by you it is ascertainable that a previous order under section. 125 of Crpc the magistrate has already passed an order against you to make monthly allowances (maintenance) to your wife so that your wife can maintain herself as Interim compensation and as well as a final decree of the court has been given on these matters.

2.     Considering that there lies an exception in the above section, where the husband has to be earning sufficiently in order to provide maintenance to his wife and this thing is already looked into by the court upon your submission of assets, documents relating to your income proof and a suitable compensation of paying 5000/- per month has been decided by the court. Therefore, an application filed for claiming more compensation than what was originally agreed upon by the parties is frivolous. Thus, the court may consider the previous charges of maintenance and not the new complaint made by the wife.

3.     Secondly, if the wife has filed a false case under section 498A of IPC then it is presumably filed to harass you and her in-laws or to claim custodial rights of your wards in lieu of this false complaint.

4.     As it was observed in the case of Kahkashan Kausar v. the State of Bihar, 2022 SC 141 – that the prosecution of the husband, as well as their relatives, were based on egregious and arbitrary grounds, and false allegations were made by the wife in order to settle scores or to leech extra damages from the husband in lieu of the protection granted to women’s under this section and court presuming the husband (defendant) to be guilty before the court of law even before the start of proceedings.

HOPE IT HELPS

Regards.

Additionally

(1) Subsequently in a landmark judgment of Rajnesh v. Neha The Supreme Court on the issue of payment of interim maintenance directed the following: 

        (a) that the assets and liabilities shall be filed by both the parties in the form of affidavits in the cases of maintenance claim put forth by the wife. 

        (b) If the court would be requiring further evidence to ascertain the amount to be paid with respect to maintenance claimed by the wife the court can issue an order under section 106 of the Indian Evidence Act in the court needs to ascertain the financial capacity and constraints of both the parties before passing a decree. 

        (c) and if there are any changes in the subsisting situation of either party due to breakdown of marriage the same shall be produced before the court in the form of an affidavit, so that when either party is facing constraints on their part the concerned court may take that issue into their accounts while passing the decree.