Wife file CrPc 125 case at JMFC court and get awarded Rs. 2000 per month as final maintenance in 2018. After that she filed revision petition to session court and court increased it to Rs. 4000 in 2019 from date of application. She also filed Domestic Violence case against my whole family at JMFC court but it has been rejected in 2018. Meanwhile revision she filed Judicial separation under Section 10 of HMA at Addl. CJM court and get awarded Rs.2500 interim maintenance under section 24 of HMA with set off against CrPc 125 order. I am paying maintenance amount in case of CrPc 125(3) at JMFC court in installment(Approx. Rs.2000) as judge allowed to me. Following are my questions: 1. Addl. CJM court judge denied to proceed case of Judicial Separation ahead until I deposit total due amount of interim maintenance, so what can I do to proceed case ahead? I have deposited approx. 25% of amount of total due at JMFC court under case of 125(3). 2. In 2021 I got the evidence of her working but not salary on paper so Is it beneficial to file case under section 127 of CrPc for reduce maintenance as she is working. What If she quit the job after getting notice of CrPc 127? 3. The stage of Judicial Separation case is at her cross so can I file any application that she is working but hide from the court and get awarded interim maintenance? If yes under which section I can file? (Note: I had not evidence at the time of interim maintenance awarded) 4. As the Domestic Violence case rejected in 2019. Now can I file any case against that she filed false case and damaged my reputations? If yes under which section? 5. As she is demanding huge amount for settlement and I don't have so what should my next step to get out of this?
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1) you have to comply with interim maintenance orders unless set aside by appellate court
2) file application for reducing maintenance as wife is working
3) you have no evidence that hat wife was working at time of award of interim maintenance
4) you can file case of criminal defamation against your wife under section 500 of IPC
5) file for divorce on grounds of mental cruelty
1.Unless the arrears of alimony is cleared the court can not allow the husband to proceed with the matrimonial suit.
2. Without proof of her present employment past income is of no use.
3. So you are lucky that the court has allowed only 1/4th of he arrears to be cleared. In most cases it is to be done only when full arrears are cleared.
4. Yes, she can file now.
5. Fight the cases on merit.
Dear sir,
If the court has decided that it will not proceed further, then you have to deposit the entire amount. However, you can also file appeal to maintenance order passed and wait for decision of appellate court. If the appellate court sets aside the order, then you can go ahead with the judicial separation.
Another alternative would be to file a case of divorce on the grounds of mental cruelty and torture that she is inflicting upon you.
Her past work experience does not have any value in the present case.
Also, with regards to the DV case filed, you can file a case of criminal defamation against her and seek compensation for the same. Thank you.
@Ajay Sethi 1. Is there any judgement that it allows to pay partial amount and can proceed case ahead? 2. What if she resign the job after getting notice of CrPc 127? 3. Yes, at the time of award interim maintenance I had not evidence, but now I have evidence of her present working status so where should I submit application to stop interim maintenance? In same court or appellate court? 4. Can I file criminal defamation case against wife at my place where I am residing (matrimonial home) or should file at the same court (her parental home) where the case filed. 5. She already filed Judicial Separation so would it be better to file divorce? @Devajyoti Barman In the proceeding of both case of CrPc 125 and Domestic Violence she said on auth that she is not working. Now Can I file perjury that she was working but given false statement under auth. I got the evidence of her working status from the start date to present.
Even if wife resigns her job court would consider fact that wife has worked in past
2) you can produce details of her employment in appellate court
3) you can file criminal defamation case in court where wife has filed case
4) file for divorce on grounds of mental cruelty
Yes, you can.
1. If you are aggrieved over the decision of the ACJM you may file a civil revision petition against the said order before high court seeking the desired relief or remedy.
2. If you are proving that she is employed and drawing a salary at the time of filing the proposed petition, then the court may not go beyond that, i.e., even if resigns the job the court may hold her responsible for lying on oath before court an act of perjury and punishable under section 340 cr.,p.c.
3. If you have not produced the documentary evidence at the time when court took decision to grant her interim maintenance, you may not be permitted to reopen the topic now.
You cannot any such documents at your own convenience, you should have thought about it during the proceedings that went on at that time to decide about her interim maintenance application..
4. if there were any imputations made against you in the DV case, then you can file a defamation cae, but just because the DV cae was dismissed, you cannot file any case against her.
5. If you do not want to give her any amount you can refuse to pay any amount demanded by her, let she approach court with her claim as per law.
1. You can approach high court with a revision petition where you will be instructed to pay at least half the amount granted by trial court.
2. If she was employed at the time of filing the said petition, then her subsequent resignation will not be accepted by court because it may be termed that she has intentionally resigned the job just to sit idle at home to claim maintenance amount from you hence her claim may be dismissed by court.
3. With the evidence about her employment discovered now by you after her maintenance claim was allowed by court, the evidence in your possession may not be entertained by the trial court nor the revision court.
4. If at all you would desire to file a criminal defamation case against her you may have to file at the place where the cause of action took place.
5. If you feel that this marriage will not work out anymore, you may file a contested divorce on the grounds of cruelty.
You can file a perjury case against her for lying on oath before the court of law for wrongful gains.