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Dibyakanti Modak   01 October 2021

Husband paying maintainance

Hello Respected Members,

Here a husband without any court order is paying regularly maintainance of Rs. 10,000/- whereas the in-hand salary of the husband is arround Rs. 50,000/- after paying Loan EMIs and taxes since the inception of the marriage.

Now wife has lodged case u/s 125 of crpc claiming maintenance of Rs. 40,000/- and falsely mentioned in her application that the husband is not paying any money since 2 years. Whereas the true fact is that the husband never defaulted to pay the maintainance without any court order.

The husband has all the NEFT receipts of the monthly Transfer.

In this case, is there any way that the application of the wife should be rejected and husband can lodge perjury for falsely mentioning that the Husband is not paying any maintenance since 2 years?

I believe the husband is in good position before the court for his morality for sending regular maintenance without any court order.

please provide your opinion on it


 1 Replies

Dr J C Vashista (Advocate)     01 October 2021

The application of wife shall be dismissed at the threshhold whenever court comes to know the fact that the husband has never defaulted in payment as directed.

However, evidence (NEFT Transactions) has to be put up. 


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