Wife files CrPC 125 and claims maintenance even though she is working
Hi All,
I am, Vidya Sagar worked as a Software Engineer in Hyderabad. I left my job in Feb 2018 and jobless till date. I was married on 25th Nov 2016 and lived along with my wife for 5 months i.e. till 21st April 2017. After that she left the matrimonial house with no reason and staying with her parents since the date she left the house.
After she left the matrimonial house, she and her family started defaming me and my family wherever they went that I am impotent and all.
Later she filed fase 498A, 406, DP 3 & 4 in March 2018 and in May 2018 she has filed RCR and CrPC 125.
After we lived for 5 months together, in her statements she lies that the marriage was not consummated and I did not cohabit with her. Actually the marriage was consummated on 10th Dec 2016 and from there on we used to cohabit regularly and were happy sexually. Now she is asking me to bring the certificate that I am sexually fit to continue the marital life and defaming me where she wants and put my parents aside for 1 year completely.
She is working as a Manager at ICICI Lombard, Hyderabad and earns Rs. 30000 per month and states that she has no income at all and depended on her parents. When I brought the same thing that she is working in the mediation, then she says she has left the job after the marriage but I strongly believe that she is still working and is lying in her written statement that she has no income.
There is also a matrimony profile that was created by some unknown which has my Facebook profile pic to that account with different name, city, age and all other different details. And she states that I am looking for second marriage without divorcing her. I didn't create that profile and I actually came to know that profile exists only when I saw her petition.
I have her employee number and her email ID, and some emails sent by her to my email ID.
Now the questions I have are :
1) What are the steps I can take with the details I have of her ? like Employee Number and the EmailID
2) Is she entitled to maintenance if she has voluntarily left the job? My Lawyer says she can still claim the maintenance if she has left her job but I read some judgements that an employable wife is not entitled to maintenance.
3) Can I file a counter case on the grounds of she lying to court that she has no income?
4) What other steps can I take to prove that she is working?
5) How can I prove that the marriage was consummated and we used cohabit and I am fit for sexual
life? Initially she has also spread with the mediators that we had only cohabited for 20 or 30 days
and now again she twists her tongue that we have never cohabited and the marriage was not
consummated.
6) Can court ask us to stay away from my parents completely for 1 year which I do not want that to
happen as her main intention is permanently put my parents away for lifetime.
7) Also please let me know how to go forward with that matrimony profile?
Asked 7 years ago in Family Law
Religion: Hindu
Thanks for all the answers from you all. I have few more questions
1) In 498A FIR and in the DLSA petition she mentioned that she is working in ICICI, Hyderabad and in CrPC 125 she mentioned that she has no income depended on her parents. I feel this would be a big advantage to me in the point of maintenance trial. please suggest on how take this forward.
2) I did undergo a sinus surgery on 22nd March 2018 using cashless treatment of my wife's health insurance provided by her organization, where in her statements she specifies that cost of surgery was bared by her parents. i also do have a mail regarding the cost estimates and approved ones which were sent from her office email ID.
3) And she is using this sinus surgery as a base and defaming me that I have a ill health always using this as a
reason for not being cohabited and non consummation which is completely false.
4) That matrimony profle I have discussed about is having a registered mobile number of my old colleagues and when I spoke to him about this, he replied he donot have a matrimony profile on that particular site. In the mediation my wife says it is my mother's number that was registered. I dont know how has she come to know that it was someone's number. Other's details can only be known when that member has paid service and details of his own profile. So we are stuck on how to go forward in complaining to cyber crime. Please suggest.
5) Please give a clarity on if she is eligible to claim the maintenance if at all she left the job intentionally.
6) Her parents are asking 10 lakhs to settle all these matters and go for mutual divorce and now if I file divorce court may grant what they are asking for, as their main intention is to loot the amount from me. That's what she have filed RCR against me for.. So, I am not interested in going for divorce at this point of time as this would be a more burden to me.
Thanks,
Vidya Sagar
Asked 7 years ago