Hello,
move an application for cancellation of the interim maintenance.
yes you can file a defamation suit. You may refer to the following judgment for your reference:
https://indiankanoon.org/doc/92256141/
regards
Defamation on winning false 498 a and no Maintenance u/s 125
Hi Everyone Wife filed cases under u/s 498a and 125 crpc. In year 2005, There is no child I am paying 10k pm as interim, now case is in argument stage After 3 years I filed divorce case and won on merits grounds of cruelty at the hands of wife. In 2011. It was on the grounds of her handwritten statement that she use to lie on many things and she use to take instructions from her parents deliberately. She has moved an application in HC for stay in divorce. Last year 2018, I won 498a case also, all in the family got aquitted, as I had telephonic evidence of her accepting, that, she made false allegations on pretext of extracting money and she was being incited by her family members to do so. What relief I can have in 125 and what sections can be used. Shall I continue paying maintenance u/s 125. Thanks for your advice.
Asked 6 years ago in Family Law
Religion: Hindu
23 Answers
Dear Client,
You have to quash FIR under which was registered against you and your family members.Person who files a false FIR against someone can be held guilty under Sec 182 & 211 of IPC, but only after the accused had applied to the High Court for quashing the false FIR lodged against him and the High Court had quashed such false FIR or if the accused is acquitted or discharged by High Court.
Is your wife working
if she is not working she is entitled to maintenance
3) if she is working and there is substantial differences in your incomes wife would still be entitled to maintenance
The maintenance has to be paid unless you can show that she is at fault and therefore is living separately from you. After the divorce instead of giving maintenance settle on a lump sum amount and get rid of her.
Regards
File appeal agasint the maintiancne award. You have evidences and judgment in your favor that wife imputed false allegations and she herself deserted you and filed false cases to extort money on behest of her family.
Under sec 125 Crpc, Court only consider non earnign status of wife but when it is proved that wife is at guilt and no fault of husband, she cannot claim maintenance.
Dear Sir,
File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favour such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife.
Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine
Cruel wife is not entitled for any maintenance. This principle has been laid down by many high court and Supreme Court.
Use this as defence against 125 Maintenance.
You can produce the evidence and acquittal order of 498A in 125 crpc to object the maintenance. But it's difficulty as both the matters are different. Court may not consider it for not providing maintenance to you.
Dear Sir ,
Maintenance is one which you have normally pay even after divorce. You can proceed for one time settlement of maintenance amount.
But also file a defamatory suit against her
You can go to the appeal on the basis of the decisions given by the various courts and challenge the maintenance allowed under section 125but in case you have not paid any maintenance allowed under section 125 CrPC then you have to pay the outstanding amount
The maintenance can only be stopped if your wife remarries after getting the divorce decree from the court
You can file application under section 127 crpc for alteration in allowance.
You need to continue paying maintenance till further order from court.
Thanks for your replies. Wife isn't working, she has filed Kusum statement. No child. We all in the family were aquitted in u/s 498a /406/34 IPC. Grounds given by court was. 1. No demand towards dowry before/in/about the time of marriage has come on record. 2. It is proven that she left her matrimonial home without any cause and what to say about any demand of any kind of harrassment met to her, ignoring the fact that accused no1 had been pleading her intensely to talk and inform him if she had any grievances at her matrimonial home and not to leave the same. 3.Thus in view of recorded conversation which consists of the constant facts stated by the complainant contradicting her deposition before this court and also approach towards truth it is held that her deposition regarding demand of dowry and beatings and maltreatment are not trustworthy and the allegations as made by complainant are held as disapproved. 4.In present case after going through the evidence collectively and more specifically the recorded conversation complainant is not found as truthful witness. 5. Chronology of the events also shows that the complainant did not celebrate even a single festival at her matrimonial home. The evidence produced only shows that complainant had been maintaining herself most of the time at her mother's place and she had left her matrimonial house even last time without any cause. The intention of the complainant to join the company of her husband at her matrimonial house also does not justify her act of making false accusations against the accused or his family members. In the present case the complainant allowed the web of falsehood to be woven against her husband and she herself assisted the same. Therefore the complainant cannot take plea of her intention to achieve the objective of saving matrimony in order to be untruthful and untrustworthy. Not only this , law does not recognise putting false accusations as lawful excuse. can I win 125, ?? Cases be filed.
Asked 6 years ago
You can file case of defamation against your wife under section 500 of IPC
2) you can win maintenance case as wife hasleft her matrimonial house without sufficient cause
No. She is not entitled to any maintenance under section 125. If court order for any maintenance it would be in violation of law and you can challenge it on high court or in applleate court.
Yes you can get favorable order in 125 crpc it is on record wife willfully deserted you therefore the court deny her maintenance. The evidence and record are in your favor.
Grounds on which the wife can be refused maintenance:
1. If, the wife is committing adultery
2. if the wife refuse to live with her husband without any sufficent cause .
3. if wife is living separately by mutual consent.
- Hence, in the light of above mentioned ,an acquittal in cases u/s 498a /406/34 IPC. cannot be a ground for the refusal of maintenance. She is entitled to get maintenance as well.
- But , your acquital in the said cases shows that there was no dowry demand and cruelty on her , and there is no reason for filing the case against you , and further on this ground her maintenace case u/s.125 cpc may be dismissed from the Court finally.
- Since, the Divorce has already granted by the Court, hence as per law , there is no relation between the parties as husband and wife . Hence, on this ground the maintenance will be stopped and her case will be dismissed.
Good luck and dont forget to rating Positively.
Basic components for Sec.125 are whether she is working and if yes, what is her income, if not you are liable to maintain her.
In your case, to win Sec.125 case, you need to prove that she is well settled, earning and can support herself.
Even if the income earned by her is minimal, court may ask you to contribute on pro-rata.
Only way out is, you need to prove to the court that she has filed a false case and prove it, under such circumstances she is not entitled.
The maintenance case under section 125 cr.p.c. is totally different to that of all other cases.
This you may have to fight it out on merits only, you cannot combine the other cases to this.
The maintenance case will be decided based on the facts of her source of income or her employment income to reject her claim and not on the basis of the merits of any other case that you have won against her.
You cannot file a defamation case against her just because you have been aquitted in the 498a case.
If you hav pleaded that she has voluntarily abandoned the matrimonial home without any valid cause or reason and in your argument you can mention that there is no proof that she has been sent out of the house, the court may sometime consider to sanction a lesser amount towards maintenance, however the court may still pass an order granting her maintenance because of the fact that she is not employed and has no source of income to sustain her expenses.
Yes you can win the case easily if above facts have been proven in the cases against you.
It's a good order will be helpful in 125 crpc to deny her maintenance on ground of false facts
Yes you can. Also no amount has to be given if she has voluntarily deserted you.