Wife has been lying about her job and claiming maintenance

Dear Client,

                   If you 'you now possess proof of your estranged wife being gainfully employed in addition to perjury as above, you can get freed from the burden of  paying maintenance etc to her  by proving her gainful employment in court apart from claiming additional relief o damages  against her  by way of  moving an amendment petition to your original OP at appellate stage also  under Order 6 rule 17 C.P.C albeit belatedly on the ground of her intentionally inflicting emotional distress on you who'd  left you without sufficient reasonable cause etc. as ti9ll now you've emerged clean on all counts.

Ms.Nirmala P.Rao

Legal Expert

I am not an advocate, but...

Your goal is to get the old maintenance order voided, enhancement application denied and have the payment already made applied to future maintenance. Just present the proofs that you have and file an application in the proceeding that she has now initiated to seek this relief, in the form of prayers in the application. I do not think that Order 6 rule 17 C.P.C  is applicable as it is usually used to modify written statements or make amend petitions mid-way through trial. That is not the case here assuming that you have not filed your response yet. Unless you have proof, it is meaningless to even assert the fact. It could actually work against you if you do not have proof. When you get proof, she can say that this fact was raised earlier! So, only raise facts for which you have proof.

If the earlier Order was given based upon her statement of unemployment under oath, then the case cited above JAGDISH PRASAD vs STATE & ORS. is perfect for you to seek perjury charges. Use it only to get psychological advantage. In practice, you may not get much out of the perjury application. Unfortunately, that iss the state of affairs.

Dear Clients,

                     Pleadings can be amended by either party to the suit even at appellate stage if he proves to the court's satisfaction that despite due diligence he could not move an amendment petition during trial. However you can file tort claim/civil suit against your estranged wife on the ground of  her intentionally inflicting emotional distress on you and claim relief of   exemplary  or punitive damages from her on this ground

Ms.Nirmala P.Rao

Legal Exp[ert

My contention was based upon my understanding that in the proceeding where your wife is seeking enhanced maintenance, no written response has been filed and therefore no amendment is necessary as yet.   Adv. Nirmala P. Rao's advice is not contested by me. In fact, she has given you answers in a nice, terse and accurate manner, specifically with respect to filing tort claim/civil suit, possibly in the family court itself and may be even in the current proceeding (?) through an application. Perhaps the Ld. Ms. Rao can guide you on whether this application can be filed in the maintenance proceeding itself. I am usually VERY critical of advocates but Adv. Rao seems to be knowledgeable.

Seedha jail jaaayegi aise kiye tho. File as many criminal cases as possible on her now.

Thanks a lot, Madam. Just to clarify it further, I would like to apprise you that :-

1. My Divorce case (filed on the basis of cruelty and desertion) has been rejected the family court. I have filed an appeal in HC against the same.

2. Maintenance u/s 24 @ Rs. 3000/- per month was decided in 2006 and later in 2009 @ Rs. 4500 per month u/s 125 . I have been paying the maintenance amount regularly without fail. As on date there is no outstanding.

But when the above maintenance was being decided, I didn't know about her job. But I came to know later and also got the proofs of her job during the above period (year 2004 to 2006 and for year 2009 to 2010). As soon as I mention anything about her job during the court proceeding, she leaves the job. I know about her current job but I'm not able to get the hard evidence though I know the school where she is working presently. If I utter even a word about her current job, she will again leave the job. 

Pls advise.

Dear Mr.Prakash

                 Seek the permission of the High Court in the appeal proceedings as well as in the maintenance proceedings to cross examine her regarding her job and your contentions raised in the appeal relating to her desertion and cruelty and her leaving your company without any reasonable cause etc. If the  court permits this- ask your Lawyer to cross examine her on these issues as the High Court is also a court of original jurisdiction..

Ms.Nirmala P.Rao

Legal Expert