Background: 1. The husband is very irregular of the payment of the maintenance to the estranged wife for many years. The wife is supposed to get the monthly maintenance as per an order under a case she filed few years back under section 125 of CrPC 1973. 2. About one and half year back the husband has filed a case against his estranged wife seeking divorce at a District Court (DC) in India. The wife flied a case seeking compensation under section 24 of the Hindu Marriage Act 1955 at the same DC. In course of the section-24 case the husband filed an affidavit of assets falsifying a lot of information and deliberately gave many wrong information to the DC. The DC ignored those and recently passed an order for a new monthly maintenance amount to the wife. 3. The wife is unhappy with the order of the DC and plans to file a civil revision petition in the state High Court (SHC) asking for : a. Augmentation of the compensation granted by the DC. b. Praying for a stay order of the related divorce case until this civil revision case is settled. Also she wants to mention the following points in the same civil revision petition: A. Asking for an order from the SHC on the employer of her husband for a direct bank transfer of the monthly maintenance amount to her account on monthly basis after deducting the same from his salary. The husband is an employee of a public sector (Govt of India) Insurance Company. Question – 1 : Whether she can mention this prayer in the same civil revision petition before the SHC ? If yes – please site the relevant law or any case reference please ? If no – then please provide what should be the method to ask for the same ? There are other two questions also – which we shall ask once we receive the reply on the first question.
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B. The husband is planning for a voluntary retirement from his service soon. The wife is suspecting once the husband retires he will never pay the maintenance anymore to her. Question – 2 : Whether the wife can pray for the attachment of the pension / terminal benefits in case the husband superannuates or retires prematurely in the same civil revision petition in the SHC ?
C. The husband has falsified and resorted to a lot of lies in his asset affidavit submitted to the DC to hide his income and shown inflated false expenditures. The wife has got documents to prove the same. Question -3 : Whether the wife can pray before the SHC for a legal action against the husband for this perjury ? If yes – can the same be mentioned and prayed for in the same civil revision petition ? If no – what is the modality for the same ?
If husband has made false statement s on oath then make application under section 340 cr pc before the court wherein false statements were made .
2) as per section 191 of the Indian Penal Code it clearly says that who has given false evidence on oath is punishable under section 191 of the Indian Penal Code.
Wife cannot seek attachment of his pension in case husband retires prematurely
husband is merely planning voluntary retirement.no case for attachment is made out
Wife should seek enhancement of maintenance amount as amount awarded is very low considering husband income
she can mention that husband has been irregular in payment of maintenance
HC would not direct funds transfer by husband employer directly to wife account
1. It is a garnishee arrangement, if he fails to pay the monthly maintenance amount as ordered by court, then she an take that steps and not before that, neither she can seek that as a prayer in the revision petition.
The wife will not be entitled for a claim in the retirement benefits, however shed can ask for attachment of pension for payment of monthly maintenance.
She has to prove that her husband has filed the affidavit with false information after which she can file a petition agaisnt him for perjuring the court under section 340 cr.p.c.
Yes it can be mentioned in said civil revision as well as distress warrant can be issued against defaulter husband in above case
Dear client,
Yes, the wife can mention the prayer for direct bank transfer of the maintenance amount to her account from her husband's salary in the same civil revision petition before the SHC. This can be done under Section 125(3) of the CrPC, which empowers the court to order the employer of the husband to deduct the maintenance amount from his salary and pay it to the wife. The provision reads as follows:
"Where an order has been made under this section for the payment of maintenance by a person, and that person has neglected or refused to make such payment, the Court may, in the case of a salary or wage-earner, order that his employer shall deduct from his salary or wages the amount of maintenance due and shall pay the same to the person to whom it is payable."
Therefore, the wife can mention this prayer in the civil revision petition and ask the court to pass an order for the direct bank transfer of the maintenance amount from the husband's salary to
