neel (self) 30 December 2010

What next? I lost case against wife on int maint in HMA act

maint case has gone in wife favour and not me.

Dispute started for very silly reasons. Wife asking for divorce

Due to maint order, I have to now give 12000 pm (wife was asking for 20000 pm, half of my salary) for her and my daughter.

My Wife works in her uncles family business (catering and wedding, party, and canteen)

I had invested my money in her name MFs around 23 lacs (Now NAV is much more and she gets around 2.5 lacs in dividends but did not disclose it in her maint app)

Wife maint. application says 'she earns very less from job' . Also there is no mention of MFs in her name in her application.

I pleaded in my 'Say' to maint application, about 23 lacs of MFs (I am doing it pro-say)

I have numbers of the M Funds, but could not trace (7 years old) the cheques transaction to show that I paid for it. Hence I could not give any proofs.

During argument judge madam asked if I had any proofs. I said I have but could not bring it.

In the order it said 'Respondent has not been able to produce any proofs' .

Now I have got a few cheque transaction from bank records about my money invested in her name in MFs. Also I got a bank statement (informer in bank. I paid for that service) that there are 'dividend' payment in her account.

Remember..She hasn't said she is getting any dividend from MFs, she said 'she gets salary only and no other income and that is very less i.e. 6000/- pm'

Hence she has hidden this dividend thing from the court....hasn't she? and squeezed money from me.

I am also facing shortage of money due to deduction of 12000/- from my salary.

Can I submit those proofs of MF dividends in any way in front of court? NOW

Kindly help

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 30 December 2010

You can challenge that order filing criminal revison petition fi the order is interrium order or if it is final order then you will have to file criminal appeal. YOu can also produce the doucments before the appellate court.

G. ARAVINTHAN (Legal Consultant / Solicitor) 30 December 2010

Approach the appellate Court by filing revision and submit facts before the Court, that will be a good option

neel (self) 30 December 2010

It seems many people on this Family law-webpage, are sufferring from maint problems and lies by the wife

It is interim order.

Why criminal petition? it is a matter of family court in Pune and currently going on.

Are u saying sir, that there is no provision of law to 'bring it to notice of judge madam' (i.e to same family court where matter is going on) about wife's 'daring' and reckless behavior of 'unclean hands'?

'Unclean hands' is a concept of equity...isn't it. and should it be allowed to raise this 'unclean hands' thing in any court and at any stage?

Why there is need to go to HC to tell the story of 'unclean hands'? Why isn't it allowed in trial court.

Plea of unlean hands may not come under discretionary powers under the pretext of review/revision/writ province. Why can't it be a set-aside application as per CPC 151 interim order (especially discretionary ones) in the same court?

Unclean hands is a mistake of petitioner, and not a subject of error of record (review) or irregularity by a court (revision and writ), and hence I sincerely feel that even trial court should be allowed to set-side the order.

My question is not understood by pearned lawyers.

My doubt was:

Would I be held responsible for 'not giving an evidence on time and due diligence thing'? and

would I held as if I connived wife to tell lie in court (which I haven't absolutely. It's her duty in the first place. in Hindi 'chor to chor aur kotwal ko dantein' ) and slept on important and material evidence? and waited for her to tell lies.

So if I make a plea of 'review' and 'unclean hands' plea combined, at least my evidence be taken as 'admissible' under 'unclean hands' plea, if not under review sue 'strict due diligence to produce evidence on time' requirement.

Does my above plea liable to stand with force?