• CrPC 125

Can wife file maintainance case from abroad using her father’s gpa and she is working abroad but mentioned false information that she is not working. Husband came to india taking break from job for attending court dates but wife not attending. Also, wife salary is more than husbands salary, can husband ask for her bank statements to prove her salary.
Asked 3 years ago in Family Law
Religion: Hindu

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8 Answers

Husband can in his reply take the plea that wife is highly qualified and working and not entitled to any maintenance 

 

2) make an application calling upon wife to produce her bank statements  ,income tax returns 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

The employed wife and the wife having income more than the husband are not eligible for claiming maintenance.

If you know the details of her employment and salary, you can inform court about it in your counter and can reject her claim for maintenance.

The proof of she being represented by her father while she is sitting at abroad with an employment is enough to dismiss her maintenance case. 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

- If she is residing abroad , then she cannot file a maintenance case in India, as family court in India cannot fix an amount of maintenance of a woman who is residing in a foreign country.

- Further, a .well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- You can move an application before the court for dismissing her case on the ground of maintainability.  

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

She can file but for evidence she needs to come to india if court directs

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

Yes, husband can ask bank passbook statement or husband can show proof of income where wife is working.

Her father can file maintenance case on her behalf but wife has to attend court proceedings personally or via video conferencing.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

She can file such petition through GPA. Such compensation  through GPA is valid. If wife is earning and capable of supporting herself, husband is not liable to pay maintenance. You can establish  her income and prove that she file a false affidavit.  Submit an application under Section 91 of Criminal Procedure Code, 1973 seeking production from bank, IT Authority, her employer documents relating to her deposits, IT returns, salary slips etc. Court can compare the same with documents submitted by her. She will be liable for offence  of filing false evidence and er Section 193 attracting  imprisonment up to 3 years.

Section 91. Summons to produce document or other thing.

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

 

Under Section 105 (1) (c), Indian Court has power to direct any person outside India to produce document ordered by it. India and Canada have such arrangement. You can file the appeal  under Section 91 read with Section 105 (1) (c) of the Code.

Court will request Embassy/High Commissioner of the country  to comply with its order. 

 

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Dear Client,

Kind of lifestyle what the wife of having when she was with her husband same lifestyle the way you should get according to law even while she is away until she remarries so if he is earning money he has to give money to the wife in order to maintain the same standard of living that she was having while she was living with her husband. So legally the wife is not wrong in claiming maintenance from husband even if she is a working woman or earning money.

Husband it will be like wife is earning more money than me then he has to prove it in court that wife is earning more than him and that she have standard of living this more than him or what he could have provided when she was with him and thereby ask the court not to grant ready money i.e. alimony to her or cancel it if it has been imposed on him.

you can ask to her to provide her bank statements before court or request court to ask her bank statements to prove her earnings.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

1. She can file the said maintenance case from abroad.

 

2. She shall have to appear before the Court to attend reconciliation as is being directed by all courts now a days under such circumstances.

 

3. She shall have to appear before the Court during examination and also cross examination.

 

4. You can pray for direction upon the Court to direct herself or her employer to submit her income details or last three years.

 

5. She is not entitled to any maintenance from you if she is drawing more than 1/3rd to 1/4th of your net salary.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

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