I rajesh Dave, working as asst. Prof. In self financed computer college Wife Krishna , having master degree, working as teacher and doing tutions Son dhyey in 12 th daughter aangan in 8 th. 17 years of marriage life : 2005 left for 6 months with kids 2008 july again left with kids, filed diverse case returned back in 2012 2016 may again left with kids Sept 16 Filed 498a , I went HQ for quashing I got stay on proceedings @ Bhavnagar Now filed crpc 125 in sept 17 I have submitted enough proofs that she is guilty and harnessing me In HQ so got immediate stay Now My intake is 60 k Housing loan 20 k Old aged diseased parents both pensioner, Mistress and other medical etc expenses 20k Insurance premiums 12k She is earning @ 20-25 k and showing only 2.5 k Living with her parents along with my kids My father - in - law is interested in my fathers property and harnessing me that is the reason of dispute, My wife have never slept with me, a liar women, Because of this all I am not able to continue my PhD also, Have received more then 700 unknown calls, My watsaap fb, mails or Amy home or telephonic conversations are hacked and this is the misbehaviour and haress!ment done to me and my parents, it is cyber crime. How to put up this matter and fight against the evils I don't understand.. Pl guide me. My no ,[deleted] Thank you, rajesh Dave I want change in this laws which is for harnessing males and abolishing the family constitution of our nation, Jai hind,
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1) gather evidence of wife income
2)if she is earning rs 20,000 a month contact a detective agency and gather evidence that she is earning rs 20,000 per month
3) in the alternative make application under section 91 cr pc and ask wife to produce her income tax returns for last 3 years , her appointment letter , bank statement
4) court would consider fact that you have dependent parents while determining maintenance payable
5) court may direct you to pay Rs 15000 for children maintenance
1.For hacking or other telephonic abuses you can lodge complaint with local police and cyber cell who would take proper actions agaisnt the offenders.
2. If you prove income of you wife then you are not liable for maintenance except for the children.
3.The amount of maintenance is around 1/4th gross salary of husband after statutory deductions.
4.The EMI of house would not be taken into account while determining your income.
1. Interim maintenance is maintenance during the pendency of the main case i.e application for maintenance.
2. To repel her claim to maintenance you have to prove that she has sufficient earnings of her own to maintain herself. The onus will be on you to prove that she is earning on her own.
I understand the apathy younare going through but I must tell you that law is not silent about your rights. You may straightaway go and lodge an FIR gainst the wife and her family for harassing you through electronic medium.
Also if she has not disclosed her actual income you may ask the court to direct her to bring on record her salary slip. Additionally you may show all your liabilities.
If your lawyer fights your case well and proves her misconduct then you will have to pay a very meager amount of maintainance.
Regards
1. You have already availed stay of arrest in 498A FIR. So, your main problem is over. Now contest the cases filed by her fittingly.
2. Collect evidence of her earning first. If you can prove that she is earning more the 205% of your net monthly earning, after deducting PF. I.Tax. EMIs and compulsory medical expenses, the she will not be entitled to claim any maintenance from you.
3. Lodge police complaint for getting calls from unknown numbers abusing you and your family members. send a copy of the complaint to the concerned S.P./D.C. If police fails to take any actton, file a Writ Petition against police inaction seeking relief and justice.
4. Finally, if you have decided to terminate the matrimonial relationship with your wife, then file a divorce suit on the ground of cruelty after collecting adequate evidence of her cruel acts by audio/video recording her such conversations.
If you do not want to continue the married life you can decide to dissolve the marriage on the grounds of cruelty and frequent desertions including non-cohabitation.
If she is employed, then prove her employment before court including her salary details and repudiate her claim for maintenance but remember that you are bound to give maintenance to your children.
The proposed cyber crime complaints may be lodged within your jurisdiction on the basis of the evidences in your possession.
It is settled law that amount of elements I'll be decided by the court out of the net income. Net income of the husband is determined after excluding all his expenses and other liabilities of hisself and his dependents. Wife is entitled to get alimony only to maintain her status as she could maintain in her matrimonial home she cannot demand huge amount as alimony and if huge amount of alimony is determined by the court then you can file a revision against that order.
