Hi all, there is a situation in 12 DV case related to interim maintenance granted to wife by court. Wife filed false affidavit stating she is not working and court passed order to pay her handsome interim maintenance amount. I appealed for stay as my side was not heard before passing this order. And i also stated that wife is working with her company name and salary account number. However now wife has filed another affidavit declaring that section 91 cannot be invoked to retrieve a copy of her salary bank account statement as account transactions are her personal information, she also says that my appeal is after interim maintenance order was granted so my request should be rejected and she says that i have not produced any single proof that she is working so on all these grounds the request should be rejected. I only have her Citibank salary account number, her pictures from her company's website and her company's Facebook page to prove that she is working. Please advise ? What more proofs can i get and how that should be acceptable by court to prove she is working and make court reconsider their order ? Another issue is that i am told she has left job this month and also trying to close her Citibank account soon.
You should have filed application under section 91 cr pc calling upon wife to produce her bank statements for last 3 years , her income tax returns , Details of her fixed deposits , investments made in shares etc
2) court can call upon wife to produce her salary slip , bank account statements.
3) her pictures from company website , company face book page do prove that wife is working
4)it is necessary to peruse impugned order passed by court to advise further
There are some judgements in which court either denied the interim maintenance or allowed maintenance only for one year.
try to collect more evidence.
If you have her educational qualification certificate you can seek for reduction of quantum of maintenance in appellate court and her picture from her company website will be sufficient enough to seek for reduction of maintenance. The appellate court will grant her interim minimal amount of maintenance which you are bound to pay. Lastly when your side case is posted for evidence provide all these documents as proof to get her petition dismissed and also there are many case laws which state that if a woman is capable of working and she quits job just for sake of maintenance they are not entitled to maintenance ask your lawyer to submit the same citation before court.
Sir provide all these relevant proof in court and further give her a notice through court vide an application to call on record her bank statements ITR returns further ask bank to examine the director/HR/ authorised person of the company she is working.
A false case has been filed by your wife in order to get maintenance. Has she filed another application u/s 125 for maintenance??
If yes then only one can be allowed.
Secondly you should file an appeal against the order stating the false info given by wife.
The acc details are not her personal info if she is statjng something in COURT.
File a complaint in the judicial magistrate court for perjury.
Regards
1. Sessions Court sitting in appeal has to only decide whether the order of the magistrate is correct on the basis of material on record. It cannot save in exceptional circumstances take additional evidence. The appellate court has to base its finding on the basis of material which was led before the court below while passing the impugned order.
2. If, however, the court below has passed an ex parte interim maintenance order without service of notice on you or giving you a reasonable opportunity of being heard then the order is liable to be set aside.
1. When she had filed the DV case seeking maintenance, did you submit your written objection enclosing the sated documents as evidence in support of your claim that she is employed?
2. Appellate Court will hear your arguments challenging the order passed by the Court lower and no fresh evidence will be adduced in appellate court.
3. If the court lower has passed the said maintenance order without directing you to submitting your written reply to the DV application, pray before the appellate court to direct the court lower to allow you to submit your written objection and thereafter decide on the maintenance issue.
4. If you can avail the above order from the appellate court, you shall have the opportunity to submit your written objection along with the evidence that your wife is employed and thereafter if the court lower pass any any order against you, you can challenge the said order in higher courts on law points where you won't have to submit any fresh evidence in support of your claim that your wife is employed.
If she is objecting to procure her bank account details, you may file a petition under the same section summoning her employer to the court to depose evidence furnishing her employment details.
She canot object to this.
You can prefer an appeal under section 29 of the same act.
1) If you did not pay any maintenance passed by court order, than your passport may impound by the court and once the passport is impounded than court also can't do anything, because than ball is in the Passport officer hands.
2) Here you should make appeal in the higher court and show all burden of proof like your salary, actual rent and expenses in USA and here your wife's income from current job and last previous left job etc. can reduce her alimony to lower amount figures.
Sorry to jump the topic..this is about settlement.. I am in full mood to contest all the false cases from wife. However recently, there is advise from our advocate in Supreme Court(SC) to try for Mediation/Settlement to fully separate (like a mutual divorce) i guess by paying wife for her mistakes and false statements ! Just for reference the case in SC is about not allowing transfer of my Divorce case to wife's state where her false 498a/DV are ongoing. 1) Is it a good idea to go for settlement ? Is it only about paying money by husband to wife in settlement or there are other clauses involved too ? I have no idea how this works. 2) how is the amount payable arrived at is there a formula ? 3) How do the courts compare to each other in terms of settlement to take Divorce i.e. Trial Court vs High Court vs Supreme Court ? Credibility vs Money involved ?
1) always advisable to go in for settlement
2) file consent terms in SC wherein you agree to pay wife X amount in full and final settlement
3) that wife shall withdraw all false cases filed by her
4) 20 per cent payable at time of filing consent terms balance at time of withdrawal of false cases and grant of divorce by court
1. If you would like to add any clause like child custody or visitation rights etc, you can draw a MOU and get it attached to the settlement terms for mutual consent divorce.
2. There's no theory or formula, it is a mutual understanding reduced to writing.
3. The settlement is not court wise.
It is a common decision arrived at by both
1. Sir see lot of time energy money can be wasted in these cases so better to enter a settlement for least possible amount she will agree to withdraw / quash all the criminal case , will not demand maintenance in future and future there.shall be no.case by her all these terms can be incorporated.
2.no there is no formula it can be done mutually.as per the family position and mitigating her demand and bargaining.
3. Sir the trial court generally passes order in favour of wife where as the high court and SC consider the employment earning of wife her education material in record .
1. It is completely up to you whether you shall go for settlement or not. In case you want to settle the dispute, the settlement terms shall have to be jointly decided by both of you and once decided, a settlement agreement shall have to be executed.
2. Settlement amount will be decided and accepted by both of you amicably and there is no fixed formula for it.
3. You can negotiate with your wife for jointly filing a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing. MCD decree will make both of you free to restart your lives afresh.