• 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

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

1. It would be better to give her notice to bring her ITR and employment details on record through court, further. Don't access her mails but furnish the mails and information you have in court.

2. She the maintenance is discretion.of court and depends upon situation to situation like the case of M.P high court of Mamta jaisalwal and Delhi high court judgement so your individual case can be contested.

3. When you have prove of same perjury application in same case can be filed.

4. Her income tax return her current employment details account statement where salary is credited through which her employment can be proved.

5. See there is no proof of same as it was past you can deny her statement further can furnish a medical record of yours that you are sexually fit.

6. No.court cannot separate you from parents.

7. File a case with cyber crime that somebody is using your information and that is your wife the cyber branch shall find out the IP address and she can be trialed for offences under the IT act.for false profile.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Answerd by Adv kavery Anand Bangalore.. sir 1)No maintenance or alimony to wife who left her matrimonial home by herself.

2)No maintenance or alimony entitled to well educated and having good earnings wife.

3) No one can force u to stay away from Ur parents.. No even court.

4) Ur fake matrimonial I'd created by .. wife or her well-wishers... don't worry about that.

5) if required get the medical certificate that u r absolutely fit for mariatl life.

6) if u have her employee number.. email id..and all that good... Submit the current work place address... In the court...and pray to court that i need help from court for getting her current salary details.

Pl give RATING and feedback for appreciation.

Kavery Anand Pandharpurkar
Advocate, Bangalore
342 Answers
12 Consultations

File application calling upon wife to produce her bank statements, income tax returns for last 3 years

2) it appears wife has worked in past and deliberately left job to claim maintenance . Court would consider said fact while determining maintenance payable by you

3) file application for perjury under section 340 of cr pc

4) you can undergo potency test to prove that you are not impotent

5) file for divorce on grounds of mental cruelty

6) wife forcing husband to stay separate from parents amounts to mental cruelty

7) wife accusing husband of being impotent amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. In the case for maintenance filed by her if you produce all the evidences of her income that you have the court would be compelled to reject her claim for maintenance.

2. If the proof of her employment i income is regarding her past employment then the same is not enough as past employment is no ground to avoid maintenance.

3. If at present she is jobless then no case of perjury can be filed.

4. Summon her present employer.

5. Consummation or non consummation is no ground which hits the merit of the case of maintenance. SO do not focus much on this.

6. No court would do that.

7. Lodge complaint with Cyber police.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If she is well educated and capable to earn money. If she intentionally left the job, to show her intention to the court. If she is having responsibility of the child then u can’t say she left the job intentionally. Show her qualification to the judge it will be helpful for ur defence.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You may file an application under sec 91 of cr pc and ask the court to summon bank officials with the records.

2. you may contest the case saying that she has the capacity to earn and hence she is not liable for any maintenance.

3. At this stage no counter case can be filed

4. As suggested above

5. Your statement to that effect will be sufficient

6. No order can be passed by court to this effect.

7. You have a valid defense, also report that profile to the host of website.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. You need to find out where she is employed. It is not the task of the court to find out whether the wife is employed, and if yes, where. If you wish to repel her claim then onus is on you to find it out and bring it to the notice of the court.

2. Once you know the employer you can then file an application in the court to summon the employer with the salary slips of your wife.

3. No counter case is maintainable, resist the temptation.

4. If she has alleged that you are impotent then you can file an application in the court to order your medical examination.

5. The court cannot direct you to stay away from your parents.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Bring the record of 498A before the court.

2. This is not a good ground being used by her,as sinus is a routine disease.

3. She must have showed interest in the profile, no complaint can be lodged for the same.

5. She is eligible to claim maintenance, if she shows the reason for leaving the job. Moreover, though you may take the defense that she has the capacity to earn, still she has the right to claim maintenance being your legally wedded wife.

6. Alright, not an issue.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you can during cross confront her with contradictory statements made by wife in complaint filed under section 498A case

2)it appears wife has made false statements on oath regarding expenses borne by her parents in sinus case

3) you can file case of perjury against her under section 340 cr pc

4) court would award wife some amount as maintenance

5)you can contest the divorce proceedings and other cases filed by wife .

6) 498A cases take 10 years to be disposed of . she would come forward for an amicable settlement once she realises said fact

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You can get her employment details through court itself by asking her to produce the same, if she fails to produce then you can summon her employer to furnish her employment details through court.

2. If she has left her job for the purpose of claiming maintenance from you, the fact may be represented befroe court and deny her claim for maintenance.

3. What counter case, there is no such case, you follow up this matter itself properly.

4. You have to gather information of her employment through your own sources and then produce the same before court

5. You can state before court that the marriage was consummated and this truth can be extracted from her mouth during cross examination, besides you may express before court that you are ready and willing to undergo any kind of medical test to establish your potency.

6. The court can only suggest but it cannot force you to do that.

7. You have to see the root cause for such an ad and enquire from that site itself about it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Yes, you can produce that as documentary evidence for the lies she has told before court and can inform court that she has not approached court with clean hands.

2. This is a matter of cross examination, during which you can extract the truth.

4. see the 2nd answer for this too.

5. You have to fight it out on merits and on the basis of documentary evidences

6. Dont pay them anything, you may ask them to proceed through court, where it can be challenged properly.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Sir present the certified copy of the petition of the DLSA and the 498a FIR along with the employment document as evidence and also file an perjury application against her,

2. Present same mails and cashless surgery approvals before the court.

3. Sir sinus and cohibition has no relation and she has to prove what she is saying onus is on her to prove same before the court.

4. Sir file an FIR or private complaint with magistrate to get investigation done in the matter police can trace back the details of payment made on profile and the IP address used.

5. It can be contested in the court that she is not eligible, Mamta Jiaswal MP high court judgement court findings can be referred.

6. See you can contest her RCR and when the RCR is rejected at that time a divorce can be filed further i would advise negotiate on amount if that is all they want take mutual divorce and end it all atleast can live peacefully and can continue and start life afresh.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) If you are jobless than court grant alimony to her rather you ask alimony from her.

2) show her employee id and email id get all details from HR by showing court letter to HR. you will get all her salary information.

3) If they want divorce can go for Mutual divorce consent and can get settlement till what amount do you want.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer