Misuse of 125 order

1. Is it compent of court bcouse court had not order my employer , it was order to me.

She can request your employer, but your employer is not duty bound to oblige.

2. After knowning that I had moved the application for re-storation, still she is trying to extract money from my employer by giving wrong information and wrongly using the court order.

Till maintenance order is set aside and your application is restored, there is no illegality on the part of her to ask your employer to implement the court order by deducting your wages and depositing the same to her.

3. what action Can i Take on her for doing such cheating.

It is not cheating.  So, no action can be taken.  But as you moved restoration application, get it decided as soon as possible.

Your employer is not suppose to disclose your information to her. Your employer has to follow rules based on the court order and right now court has ordered you to pay her maintenance not your employer. I suggest you speak with your accounts department and explain them not to disclose ur info unless ordered by court strictly.

The court has not directed your employer to pay her the maintanence hence your employer is not bound by the order .Her writing to your employer does not matter.Its the court who has to direct your employer to deduct and pay her maintanence . 

Thanx for your reply..

but still i was not convince from ur reply. As per rule if any order was passed in 125 against husband ..he has to pay it with in 6 months or as directed by court. if husband fail to do so then recovery u/s 128 is to be filed and then court order my emplyer to pay as i m not paying it .

but in this case , she had taken ex-parte order, as i m not aware of that and she write to my employer directly, she trying to mis-lead my office that court had order to do so,

If she get the money from my employer then wht ??

It is not frad as i had not given any chance to defend my case. (as i was given any notice).

I had talk to my employer they are agreed that she does not get any money from them untill court order them to do so.    

please give ur valuable advice...

Well once execution of crpc 125 is filed i.e. u/s 128 then anything tht belongs to you belongs to her. I suggest you read the enforcment rule very well. Right now she has obtained exparty order against you and if you feel that you have legitimate reason not to pay her then you should challenge that exparty order. But meanwhile you have to pay interim maintenance while you challenge final maitenance. You are just dragging yourself in wrong direction don't waist your time discussing this with your employer right now you will have to worry about the exparty order against you.

thanx for reply , i had already re-stored my 125 after paying fee of Rs 6000.00. its not the problem...

i m paying her interim as per sec 24 ... Rs 3000 pm..

i m just asking , that she had done this just to mantally tourture me, and CAN I punish her wht she had done to me, so that she will not do the same in future...

As far as i know there is no punishment for such act but you can surely stop her in future with court orders. I don't see any case out of this unless if you feel that you have been mentally tortured because of such action. Wait and see what experts has to say on this i am not a lawyer therefore you should consult your lawyer or wait until experts reply on this issue.

Good now that it is restored, fight it on merits.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com