Hi
Do not worry at all.
There will be nothing against you and your mother.
The maximum thing that can happen is that only maintenance your mother is getting will be stopped.
Better give evidence , and withdraw the enhancement petition.
Thank You
Regarding section 125 & 127 enhance maintenance
Regarding section 125 & 127 I am 31 years old (not married) from Rajasthan and employed in a Pvt. Co., also doing ICWA Many years back (approx 10 years), when I was studying and not working, a case was filed against my father for my maintenance and respected court has passed an order with amount 1800/- p.m. Later, I got employed but due to lack of knowledge, I didn't withdraw my name for getting maintenance as being capable myself. Now, my father came to know my Co. name and given this to court. Recently, I came to know that an application was also made for enhance maintenance u/s 127 due to lack of legal knowledge but unfortunately after 2 years of my joining in this present Co. Decision for Section 127 is still pending. Now, I want suggestions what are the consequences of it on me & my mother ? And what next step should I take to come out of this problem Should I take back my name now ? If yes, then what reason I give ? Is there any matter of imprisonment/penalty or both on me and my mother? My statement (gawaahi) is still pending in this case and I am avoiding this till because I know that the opposite party will try to make me guilty under this and what answer I should reply to their questions, really don't know.. And respected judge n opposite party continuously creating a pressure to present for gawaahi. Please suggest.... Along with legal sections, previous case laws and judgements given by other courts in similar cases.
Asked 8 years ago in Family Law
Religion: Hindu
15 Answers
Respected sir..
There is not any provision where you ought to be punished for this conduct ...Just go and join the court proceedings this is not a big issue yes you can apologize for your mistake and ask court to put cost of that conduct the person sitting on judge chair is also a human so no need of worry as you have not done intentionally...
Thanku
You should withdraw your application for enhanced maintenance
2) you hav e committed offence of perjury if you have made false statement on oath
3) since you have not given any evidence as on date best option is to withdraw application
Since you're no more entitled to maintenance you must engage an advocate and instruct him to appear in the case.
In the 127 case file your reply stating your present employment status and giving consent to allow the case u/s 127 crpc so the maintenance passed against him is cancelled and he becomes a freeman from this legal liability.
There is no question in holding you guilty if you have not received his money after getting your employment.
1. You should withdraw your said application or file an application withdrawing your name from the beneficiary of the maintenance amount from your father for your emlyoment.
2. Your father might lodge a police complaint against you for cheating him and also the Court by suppressing the fact of your employment and taking the maintenance amount illegally.
3. The civil court also might impose heavy penalty on you for continuing to take maintenance from your fatker illegally by suppressing the fact of your being employed..
4. Be whatever may, your first job should be to withdraw your name from the said application and also be prepared to return the maintenance amount for the last two years with interest and penalty..
You'll not be penalized for hiding about your employment from the court.
Since you're no more dependent upon your father, you're advised to withdraw your name from this case. You mother may continue to seek Maintenance from your father, but since you are on your legs already, you should take your name back from the case and don't worry you did not commit any offence for you continued to obtain this maintenance for the past 2 years just due to your ignorance.
Please file a memo stating that you are now employed and you dont wanna pursue the case on.the other hand your mother can prosecute the case....
Sir U/s 125, my father has cleared maintenance amount upto year 2016 from 2006, I first got employment in 2009 and I am at my present work place since 2013. Application for enhanced maintenance has been made in 2015. I want to withdraw my name from 127, but my lawyer said that as my father has given in written to court the name of my present work place, I can't withdraw now without any other reason. (Eg. To get marry is an option) but how can I get marry in a hurry. Another factor is that if I withdraw now, it may be possible that my father lodge a police complaint against me for getting maintenance till. It's all due to lack of knowledge.. Please suggest a solution on this.. & also tell, in withdrawing application what reason I mention in that to withdraw as he can say that when they put this fact in the eyes of court, then I am withdrawing, why don't you withdraw earlier.. Should I hide my earlier employments. After asking by court (if they ask), I disclose my current working only i.e. from 2013. One more fact is, I am continuing studying from 2006 to till date, never stopped it. Is there any point in favour of me due to this. Is it mendatory to give a reason in withdraw Memo ? Is it not be willingly ? Please clarify in detail all the possibilities in favour or against.
Asked 8 years ago
Hi
You can simply withdraw the petition by mentioning that you do not want any kind of maintenance further and also there will be nothing against you if you withdraw the partition or you had taken the maintenance during the time period of your employment because you have been studying simultaneously so do not worry and withdraw the maintenance petition if you don't want it to continue. You can simply withdraw the petition by saying that you do not want any kind of maintenance now.
Thank You
1) mention that you are continuing your studies till date
2)do not suppress facts of your current employment
3) mention that you do not want to proceed with application for enhanced maintenance hence with drawing the application
Dear Client,
Do not bother, court don`t take such thing very capriciously, Instead it will show ur bonafied that, u ur self applied in the court to remove ur name from dependent.
what ground taken in application for enhancement is more considerable, but chance mistake can be apologize.
I am continuing studying from 2006 to till date, never stopped it. Is there any point in favour of me due to this. - favorable.
1. You shall have to take the matter more defensively.
2. How much salary are you getting now? Just being employed is not enough ground for refusing to pay maintenance if you get low salary insufficient to maintain yourself.
3. You just withdraw your name from the application filed u/s127 of Cr.P.C. on the ground that you are getting enough to maintain yourself and do not want to further stress your father.
4. However, against the application filed by him, the Court may reduce the maintenance amount or withdraw it altogether or even withdraw it with retrospective effect directing you to refund the said amount you have taken after getting the employment.
5. In the above instance you can escape the police complaint which might be otherwise filed against you for cheating him.
6. It is not mandatory to mention the reason for withdrawing the name but you should be prepared with the ground to answer the Court,in case you are asked by it.
There is no case of arrest that will be made out
Since you were not in knowledge of the maintenance, you may now move an application for withdrawal of your name from the maintenance from the petition and then can thereupon stop enjoying the benefit of the interim order
Give the reason that you were not aware about the order and nothing has been done malafidely.
Regards
Do not suppress any fact and withdraw the petition: this is the best option for you at this juncture
Regards
If you do not want to have maintenance from your father nor you re interested in continuing this case, you may withdraw the same by filing a memo to this effect before the trial court stating that since you are employed now and you dont require his support, you are withdrawing the application seeking maintenance pending before this court at prosecution witness stage.
The court will accept your memo and dismiss the case as withdrawn
You dont have to worry about any other thing, the court once closes the case then there is nothing to be worried about it again.
Another factor is that if I withdraw now, it may be possible that my father lodge a police complaint against me for getting maintenance till.
Your father cannot aproach police for this because this is not a criminal offence, ad the police cannot interfere in this case since the matter is already ending before a court.
Further there is nothing wrong in the daughter seeking maintenance from father despite she is employed, the court will dismiss the petition if it finds that she is not eligible, that is all, nothing beyond this can happen.
You can file a memo withdrawing the petition seeking maintenance stating that since you are employed and hence do not depend on his maintenance amount anymore, you are withdrawing the petition as not pressed.
The court may dismiss the petition as not pressed by the petitioner.