Dear Sirs,
Wife filed CrPC-125 in 2009. Family Court (FC) ordered interim maintenancne of Rs.5000/-.
Wife got gob in November-2010 and started earning Rs.25,000/- per month. Whereas the wife faied to disclose wife's job and earnings fact to the family court as well as to the High Court in the revision filed by her against the Interim Order passed by the Family Court. There was a revision even prefferd by the husband against the interim order passed by the Family Court (both revisions are disposed by the High Court in single order) and the arguments were happened on 27th December-2010. High Court order says husband shall pay Rs.5000/- as interim maintenance.
In December-2010 wife and husband settled the matters and filed Divorce (mutual) in which it is stated that wife's maintenancne matters are settled out of court and wife will not claim any maintenance in future through any civil or criminal case , wife withdraws the CrPC-125 and 498A case unconditionally and this term is in the affidavit of divorce.
After 6 months to filing the divorce, wife failed to withdraw 498A and CrPC-125. wife filed a memo saying that husband did not pay interim maintenancne as per High Court order and seek for warrent against the husband.
My questions:
- Will family court force the husband to pay the interim maintenance to wife after filing the divorce in which wife agreed not to file any civil and criminal cases against the husband.
- Can husbnad argue that wife maintenance matters are settled and no need to pay maintenance to wife.
- Can husband file perjury on wife for getting the frudulent order from High Court by supressing the facts of wife's job and earnings and also the compromise terms happened before wife side submitted arguments in High Court (in the arguments stage husband (party-in-persion) was not attended the high court)
- Can husband file criminal petition in CrPC-125 peition for causing the financial losses to the husband by running the CrPC-125 case even after wife started working and earning.
