1) you can go in fir appeal if wife has suppressed material facts about her income
2) EPFO woukd not give you information under RTI
3) pay interim maintenance till order is set aside
4) engage detective agency and gather evidence of your wife income
Options after interim maintenance order from family court in CrPC 125 case
(a) Dear community members, An interim maintenance order has been awarded by family court, directing to pay 4700/- pm from date of application. Its about 70K I have to pay on the next date. I am not working and student. (b) I am appearing as party in person and have basic legal knowledge. (c) Its only 7 days that order has been passed, and I get to know the work details of my wife, like in which private industry she is working and from when. (d) She in her petition and supporting affidavit has said that she is not working but in reality she is. I am sure that her working details are with Employees' Provident Fund Organisation (EPFO)and with the some Bank and her private company whose name and address I know. I have her AADHAR details as well. (e) She have filed DV and 498a also. Interim maintenance order is yet to come in DV. Which option is best and why? 1) Going for appeal on the grounds that the order was obtained on false grounds? Will the EPFO give me information under RTI when I bring to its knowledge the court order and its falsity? If not EPFO then where should I target my RTI? 2) Paying the interim maintenance amount and then going for revision on the grounds of the changed circumstances and later file perjury. 3) Will it be a crime if I use some unfair means by lying for the sole purpose to get evidence of her work details before certain government office in writing. 4) To contest the execution proceeding later and prove that order being executed is obtained on false ground. 5) Any other option you want to guide or the best strategy. In last, written Arguments have been filed in DV case from my side. Anything I can do before interim maintenance order in DV case as well?
Asked 7 years ago in Family Law
Religion: Hindu
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11 Answers
1. you should challenge the interim order first praying for a direction upon the EPFO or the Company she is working with as alleged by you to submit details of her payment of PF and also salary respectively.
2. Use of unfair means for whatsoever cause is certainly unlawful for which you can be prosecuted pending on the degree and type of the unfair means adopted by you.
Firslty, with respect to the written arguments which have been filed, I advice you to immediately file amended written arguments including the details of her working.
Secondly, you should challenge the interim order on the ground of false information, and at the same time by way of an application may ask for the perjury against her.
Thirdly, yes you can get it by way of the RTI.
Fourhtly, tere are great chances of your to get success as to avoid the maintenance been put on you, and the same can be helpful in other criminal cases to save you from those.
Your question doesn’t state under which statute has the interim maintenance order been made. Is it the Hindu Marriage Act (Section 24) or CrPC (Section 125)?
If it’s the former, I would advise you to move the very court that made the order and file a review. Ask it to review its order on the ground that such fresh evidence (previously outside your knowledge due to no fault of yours but on account of an active attempt at concealment by your wife) has come to light as makes the order granting interim maintenance wholly unsustainable. Also, that your wife was able to extract that order by perpetrating a fraud on the court means you’ve another “sufficient reason” for seeking review. Do this posthaste and don’t wait for her to move to have the order implemented.
If it’s the latter—i.e., interim maintenance under CrPC—you can move the High Court against it.
Provide whatever information you can, but don’t pin your hopes on the RTI Act insofar as your wife’s EPF details are concerned. The EPFO holds such information in a fiduciary capacity and as per section 8(1)(e) of the said Act is under no obligation to disclose such information to a third party. (See http://www.rtifoundationofindia.com/under-rti-can-husband-obtain-epf-account-statement#.W1-Gw4rhWhA.)
As for perjury, you will have to file an application under Section 340 of CrPC. It would then be up to the court to decide if proceedings in that respect are to be instituted or not.
Here is Family Court order on one such application: https://mynation.net/docs/2050-2010/
1. Did you lead evidence before the lower court to show that she is working and earning on her own? If such evidence was not led before the court below then order cannot be challenged on this ground as no fresh document can be led in the higher court.
2. You are free though to challenge the order if you have other material to show that the court below has passed an erroneous order having regard to the material on record.
3. The EPFO shall not give you information that you intend to get as it amounts to third party information.
4. Once you comply with a court order you cannot challenge it.
5. You have not mentioned which unfair means you intend to use.
6. In execution proceedings the court can only execute the order, it cannot go into merits.
Dear Client,
You can file appeal or revision along with proof of income/job that the order has been obtained by fraud and misleading court.
EPFO may not provide details under RTI but court will summon her employer.
Procuring her details by illegal means not advisable.
IN execution , court will only decide execution nothing else.
1) (In reference to crpc 125, revision/appeal before high court and even in court who passed order, in both cases) Actually I have access to her login id and password of her EPFO account and I can see her work details, money in her epfo account and so on. I found it written on some rough paper at home after the order when I scrupulously searched her documents. Can I take printouts and put before the court so that it believes in my case and issues summons to her current employer and epfo office to produce relevant information or can it backfire because it amounts to violating her privacy and will it be fraud or cheating? (Accessing EPFO account don't give any special privilage in tempering with someone information, basically it allows one to see ones account status and balance into it. Its not like bank.) 2) I have a DV date coming which is in arguments stage for interim maintenance application and If i don't put these documents interim maintenance order is bound to come against me. 3) What is the negative side of revision/appeal before high court. How much will it cost in terms of time and energy. Are high courts reluctant against receiving interim maintenance appeals/revisions. 4) How much courts are allowing perjury in Haryana districts and whats the right time to file it? 5) Any advice that you want to give or the best strategy.
Asked 7 years ago
1) it can backfire upon you as it would be infringement of her privacy
2) you can make application under section 91 cr pc calling upon wife to produce her last 3 years bank statements, income tax returns before arguments are heard
3) HC would not reduce maintenance amount awarded if it is fair and reasonable
4) local Lawyer can guide you as to perjury application in Haryana district courts
1. You can very well file a petition seeking revision and stay of all proceedings till the disposal of the revision petition.
Further your can very well seek information through RTI act about her PF account details, if it is not given, then you may summon the official from the PF department through court for deposing the evidence in this regard before court.
2. You can approach high court with a revision and stay petition against the lower court judgment for the reasons that you may rely upon.
3. The court will not look into the source for obtaining the evidence/information, it will be concerned with the genuineness of the evidence produced before it.
4. You have to challenge her claim on the grounds that she approached court with unclean hands are to be taken up even before she is filing an execution petition.
1. As I opined in the previous post that the court will not be interested in the source of obtaining the information, it will be concerned with the authenticity of the evidence produced before it.
You can very well produce the same and if objected by her side, then you may file a petition under section 311 cr.p.c. to summon the PF official to verify the details produced by your before the court.
2. In the arguments you may produce the copies of her employment details including the PF account details without fail, so that the court may consider your plea to reject her claim for maintenance.
3. Before filing a revision petition dont allow the negative thought to run in your mind.
If you have decided to appeal against the lower court judgment then you should not worry about other aspects, allow it to happen in its own form.
4. You can enquire about it locally.
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You can take print out but don`t submit in court instead inform the court about her i`d than let give her submission , if she denies, than bring the fact before court.
Accessing someones account without her permission - offense under I T Act.
revision/appeal will take time to decide.
Court will pursue u/s 340 of CrPC agasint the party misleading court.
1. Entering in to others account using his/her password is illegal. You need not mention hat you have entered in to her said account. You can mention that when she was with you she had saved the said statement in your computer on which you could lay your hand. if it is a currently dated statement then you can also state that she had left the said statement unknowingly in the Court from her file while attending the case which you have found. This can not be challenged by any body since it will be impossible to prove that what yu are saying is incorrect.
2. Put the said document to contest the DV case as advised above.
3. It will be prudent on your part to file the petition challenging the interim order before the Division Bench of the Court below and if fail to get favourable order therefrom, then only you should approach the High Court.
4. Once her statement under affidavit is proved to be false, hen only you can file perjury petition. However, in such cases of claiming maintenance, ordinarily perjury petitions against the wives are not allowed by the Courts.
5. Challenge the interim order before the appellate court below before approaching the High Court.