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AC FROM INDIA (SR MANAGER)     30 July 2012

Mental cruelty

DEAR FRIENDS,

 

BRIEF HISTORY OF CASE-

 

FAMILY COURT HAVE AWARDED RS. 10000/PM INTERIM MAINTENANCE SINCE 2010 ON THE BASIS OF THE DIFFERENCE OF INCOME BETWEEN US. HIGH COURT UPHELD THIS DECISION. WIFE SUBMITTED BEFORE THE FAMILY COURT THAT SHE IS EARNING ONLY RS. 12000/PM. HOWEVER, RECENTLY I CAME TO KNOW THAT SHE LIED BEFORE THE COURT REGARDING INCOME. I FOUND CONCRETE EVIDENCE THAT SHE HAS MULTIPLE ILLEGAL SOURCES OF INCOME AND HER MONTHLY INCOME IS BETWEEN RS. 80000 AND 100000 PER MONTH. AND SHE HAS BEEN EARNING INCOME THROUGH MANY SOURCES SINCE THE YEAR I FILED THE DIVORCE PETITION.

ON THE BASIS OF THIS NEW EVIDENCE I FILED AN AMENDMENT WHICH WAS ACCEPTED BY FAMILY COURT. THEN I FILED A SEPARATE APPLICATION FOR CANCELLATION OF INTERIM MAINTENANCE ON THE LAST DATE.


I WISH TO KNOW TWO THINGS,

1) WHETHER INTERIM MAINTENANCE AWARDED BY FAMILY COURT AND THEN UPHELD BY HIGH COURT CAN NOW BE CANCELLED BY FAMILY COURT IN THE LIGHT OF THE NEW SOLID DOCUMENTARY EVIDENCE WHICH CAME TO LIGHT RECENTLY. (PLEASE PROVIDE THE SC AND/OR HIGH COURT JUDGEMENTS REGARDING THIS).

CAN PERMANENT MAINTENANCE BE CANCELLED AT THIS STAGE ON THE BASIS OF THIS NEW EVIDENCE (PLEASE PROVIDE SC/HIGHCOURT DECISIONS)

2) CAN THS SUPPRESSION OF FACTS REGARDING HER INCOME AND ILLEGAL EXTRACTION OF MAINTENANCE WITH MALAFIDE INTENSION BE THE GROUND OF MENTAL CRUELTY. (PLEASE PROVIDE THE SC AND/OR HIGH COURT JUDGEMENTS REGARDING THIS). IF YES, THEN CAN THIS BE THE BASIS OF DIVORCE.


KINDLY GUIDE ME. I WISH TO END MY TORTURE AS EARLY AS POSSIBLE.

 

AC



Learning

 3 Replies

dr.pawan rajyan (member and secretory)     30 July 2012

yes for both queries

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     30 July 2012

1. Maintenance orders are never static, they are based on circumstances that are fluid, keep changing and hence S.127 CrPC provides for alteration of maintenance allowance due to changed circusmtances. If there have been such change in circumstances - you can go to the Family Court and not the HC - since you are in essence not challenging the HC order, but asking for a change due to subsequent change of events. 

 

2. Falsehood/Active Concealment disentitles her - you can file for perjury

JANAK RAJ VATSA (ADVOCATE)     30 July 2012

you can approach the family court for amendment to the order for maintenace in view of the changed circumstances and evidence provided by you. also your wife can be proceeded against for perjury for her falsehood


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