Maintenance 125(3) executions, 127 & perjury

You have a fittest case in hand. One cannot be allowed to obtain major relief by making fraud with the court. Court is bound to first drcide the aspect of fraud with the court under section 195 IPC and only thereafter its fresh order is required to be pronounced under section 125(3) Criminal Procedure code. 

I think, your should persue the matter of her previous service and depsite of that obtaining relieif of interim maintenance by keeping the court in darkness. You should insist the court to obtain an affidavit from your wife to the effect whether she was in job at the time of moving her application for maintenance or not.

You have already obtained relevant judgments.

In this case court will decide first your application under section 340 first. But, I will not try to assess and suggest you regarding possible out come of 340 because it all depends on the language of the affidavit. It seems from your discripttion that she was on the job and earning handsome amount before marriage. If on the date of filing application under section 125, she was job less, she could have told her to to be house wife as per law.

In deciding maintenance application under section 125, wife's prior experience and ability to earn does not have much bearing except to the extent that it reduces the quantum of maintenance. 

Further, the order of maintainance is made on the facts and evidence available on record and there is provision for alteration with change of circumsatances.

As and when you lost your job, you could have moved application for altering the quantum as you have lost your job. But, from your facts it seems the same was never done from your end and informed the court only while execution proceedings.

All this makes your matter much complicated and needs further study of complete file for giving you appropriate advice

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I still stick to my stand as expressed above.

Dear  Raj Kumar & Gautam Sir,

First of All thanks a lot for your replies. 

Few Highlights:- 

Husband Lost his First job in 2010 & Informed the Hon'ble court in 1 of the Appication for Non Appearance exemption Application. Same application is also there in court Records as well. This information has been given in court by Husband in Year 2010 where as Executions were filed in 2011. Also the 127 Application was filed by Husband in October,2011  i.e.  after the Wife's Executions Filing. 

Also at the time of Filing 125 Petition i.e. 2008 & Filing Evidence Affidavit in year 2011 , Wife has mentioned that She is a household Lady whereas Wife had worked From year 2003 till April 2007. But no where she stated about her Qualifications & Work Experience & concelaed her Capibility in order to cause undue harrasment to Husband.

I hope i had made the things more clear, so that you experts can plish the next steps for the Husband to get saved from unjustice.

Please share your thuoghts...

Also my another Query is :-

On Last Date of Hearing Trial Judge Said as per Supreme Court Ruling one must Clear the exiting arrears to go further.

And Trial Judge deliberately given the NDOH in March 2013 where as given the 125(3) execution payment Dates with in few days only in order to force me to make more payments.. Then we filed Early Hearing Application to dispose the 127 application as pleadings are already complete. But the Trial Judge rejected that plea.

Now How Husband will get saved especially in a scene as mentioned above?

Please share your thoughts...

Is it true that unless otherwise arrears are cleared the case can not progress?  Is there any citation (Supreme Court judgment) in this regard....? Please help me with that judgement referene?

Even if arrears are pending the court must hear the crime/cheating done by the person approched the court .... otherwise a person not able to pay money has to spend time in jail for ever just beciase wife cheated the court nad court never gives oppertunity to husband to bring fact to the court notice....

I am looking for same sort of Judgement/Citation where the Previous given order must be amended with the Facts produced by accused where wife cheated to show her as Housewife.

orders are always amended if you put forth new facts before court,

Dear Rahul

Very true stuff you quoted but how to get this done from Trial Court to consider before going forward in 125(3) executions. As Trial court is more inclined towards 125(3) as on today.

If you can share any template of Application or Citations to achieve same then it will be greatful.

Thanks....

Dear Experts,

Can Husband put an application of ResJudicata in 125(3) of 1973 CRPC executions to amend the existing Interim Maintenance Order u/s 125(1) passed 2 years back , based on new Facts husband has got which wife has concealed like her Ex-Employments & Bank Salary statements. to Achieve the immediate relief by this or in 127 application.

I dont know why your advocate do not move an mofification application with new facts and probebly reversal of order on groud that she conceal facts from court and she is subject to 340, this is complete mis carraige of justice.

 Rahul, what you feel after reading consumer forum order?

file petition to recover the maintenance from her either through civil suit or other.

On what basis (sections/Grounds) i can file the Recovery Proceedings ?

Also do you have any case reference for same ?

@munirathnam is frustrated , that why he is saying baseless posting,,

untill trial court dismissed her maintenace application at final disposal. how can u ask ur money back, which u paid as "interim"