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aajay (CS)     05 January 2015

Maintenance awarded to working wife

'-My PHD wife filed sec 125 in 2008 claiming that she is not working anywhere alleging that husband thrown in our in 2007.  Marriange happend in 2003

Since she has secretly living in adultry i filed divorse based on cruelty and desertion.

'-In sec 125 i requested court to get details from the college where she is teaching in her home town in UP. On court's instructions College submitted that she is working since 2004. Now in my view desertion is proved.

'-But family court took biased view and ignored desertion element as well as unclean hands and assumed my salary as Rs 1 Lacs per month as claimed by wife in her application and awarded her Rs 10000/- maintenence after adjusting her earnings. pl advise How to move further. Her specific cruelity allegations in 498-A has been proved wrong in her cross under section 125.

-She has deliberately written post cards since year of marriage in 2003 to 2007 and using these as proof of dowry demand. Judge in his sec 125 order mentioned these letters as proof of dowry demand ignoring the fact that she was also having mobile phone.

'-Under the garb of law she has made my life hell by approaching judges there in her hometown.



Learning

 7 Replies

Dr J C Vashista (Advocate)     05 January 2015

1. Challange the order passed by Family Court in High Court.

2. After  consulatation with your counsel move an application to Family Court under section 340 Cr PC for filing false affidavit/submitting false information to the Court, .

N R Dash.. (Advocate)     05 January 2015

Well advised by Dr. J C Vashista. Do not waste any more time. Take the help of an counselor & challenge the FC order quoting previous judgments & file a case of purjury u/s 340.

aajay (CS)     05 January 2015

Thanx Dr Vashista.  We have already filed 340 a year ago and also filed certified copy of her accepting in DIvorse case that she is working in the said college. But court is not taking any steps against her. I suspect judges there in UP court is helping her. The maintenance award of Rs 10000/- is all time high in that court.

I am challengin the order in Allahabad HC.

T. Kalaiselvan, Advocate (Advocate)     09 January 2015

What else, you are already in right track, what is the opinion you are asking more from here or whether you are cross verifying your advocate?

Dr J C Vashista (Advocate)     09 January 2015

Proceed as going on and advised by experts on this platform, you are on the right track and your stragegy is absolutly correct, donot worry truth prevails and God is with you.

Best wishes

aajay (CS)     10 January 2015

Sir Kindly tell me the time limit of filling revision petition in Allhabad HC against final order u/s 125 crpc. Is this peition s to be filed under section 397/401 crpc? A lawyer in Allahabad HC told me it is 60 days and other one is saying it is 90 days.

aajay (CS)     10 January 2015

The said order has been passed by Family Court.


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